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Home My WebLink AboutItem 3a - Resolution No. 7006 Establishing Compensation and Benefits for APCEADATE: January 7, 2014 TO: Honorable Mayor and City Council STAFF REPORT Administrative Services Department FROM: Hue C. Quach, Administrative Services Director By: Jeannette Flores, Human Resources Administrator SUBJECT: RESOLUTION NO. 7006 ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA POLICE CIVILIAN EMPLOYEES ASSOCIATION ( "APCEA ") FOR APRIL 1, 2014, THROUGH JUNE 30, 2018 Recommendation: Adopt SUMMARY Resolution No. 7006 establishes terms of employment and compensation for City employees represented by the Arcadia Police Civilian Employees Association ( "APCEA "). Pursuant to the Meyers - Milias -Brown Act, the City has met and conferred in good faith concerning wages, benefits, and working conditions with the APCEA. The parties have agreed to a four -year agreement, which includes a total cost of living increase of 8.5% for all members as well as minor increases in medical benefits to keep pace with increasing costs in that area. It is recommended that the City Council adopt Resolution No. 7006 establishing compensation and benefits as outlined in the attached Memorandum of Understanding (MOU) effective April 1, 2014, through June 30, 2018. DISCUSSION The labor agreement with the Arcadia Police Civilian Employees Association is set to expire on June 30, 2014. The City held an initial meeting with the APCEA on November 26, 2013, to begin a negotiations process similar to the process that had been previously successful with all other bargaining groups. In general, the concept called for a commitment from both the APCEA and the City to schedule as many meetings as necessary over a very short period of time in an attempt to reach an agreement. On December 20, 2013, the APCEA held a general membership meeting and voted to accept the proposed four -year wage and benefit package offered. The Resolution presented for adoption reflects a continuation of the majority of existing working terms and conditions. The proposed term of the agreement is April 1, 2014, through June 30, 2018. Effective April 1, 2014, July 1, 2015, July 1, 2016, and July 1, 2017, the salary schedule of employees in this bargaining group shall be increased by 2.0 %, 2.0 %, 2.0 %, and 2.5% respectively. Additionally, each member will receive successive increases of $29.87 to the current employee medical allowance, effective April 1, 2014, July 1, 2015, and July 1, 2016. There were also some technical revisions included in the proposed Memorandum of Understanding ( "MOU "), attached. In particular, language was added to distinguish training pay for employees assigned to train new part -time Police Cadets or full -time employees in the Police Department. Language was also added to provide employees the opportunity to bank holiday hours at the beginning of the fiscal year. This change does not create a cost increase in comparison to the Memorandum of Understanding currently in place. This Agreement is fair and equitable for employees and the City. The projected cost is expected to be within the projections of modest revenue growth over the next four years. The four -year agreement will provide stability and assurance on labor and benefit costs while ensuring that the City is able to continue to attract and retain high quality employees. FISCAL IMPACT The agreement with the APCEA will increase the total City Budget by an estimated $174,857 over the next four years, or an average of $43,714 annually. A five -year financial sustainability analysis was conducted with modest revenue growth assumptions, which indicated that there will be sufficient funds to afford the proposed increases. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7006 establishing compensation and related benefits for employees represented by the Arcadia Police Civilian Employees Association ( "APCEA ") for April 1, 2014 through June 30, 2018. Approved. Dominic Lazzar t City Manager Attachment: Resolution No. 7006 Memorandum of Understanding RESOLUTION NO. 7006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA POLICE CIVILIAN EMPLOYEES ASSOCIATION ( "APCEA ") FOR APRIL 1, 2014 THROUGH JUNE 30, 2018 THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves that certain Memorandum of Understanding by and between the City of Arcadia and the Arcadia Police Civilian Employees Association ( °APCEA °) dated effective as of April 1, 2014, a copy of which is attached hereto. The City Manager is hereby authorized and directed to execute this Memorandum of Understanding on behalf of the City. The salary and benefits for employees represented by the APCEA shall be those set forth in the Memorandum of Understanding. SECTION 2. The City Cleric shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2014. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney CITY OF ARCADIA /_1►111 ARCADIA POLICE CIVILIAN EMPLOYEES ASSOCIATION F,6 CITY OF ARCADIA MEMORANDUM OF UNDERSTANDING APRIL 1, 2014 - JUNE 30, 2018 Table of Contents Page PREAMBLE ...................... ............................... 1 ARTICLE ........................ ............................... 2 Section A. PARTIES AND RECOGNITION ........................... 2 Section B. APPROPRIATE UNIT ... ............................... 2 Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION ........ 2 Section D. AUTHORIZED AGENTS . ............................... 2 Section E. NOTICE ............. ............................... 3 ARTICLE II ....................... ............................... 3 Section A. TERM ............... ............................... 3 Section B. SAVINGS CLAUSE ..... ............................... 3 Section C. NO STRIKE CLAUSE ... ............................... 3 ARTICLE III ASSOCIATION RIGHTS ............................... 4 Section A. AGENCY SHOP AGREEMENT ........................... 4 Section B. RIGHT TO JOIN ....... ............................... 7 Section C. USE OF BULLETIN BOARDS ............................ 7 Section D. PAYROLL DEDUCTION . ............................... 7 Section E. ASSN DESIGNATED PROFESSIONAL STAFF & STEWARDS .... 8 Section F. REASONABLE NOTICE . ............................... 9 Section G. LIST OF NAMES ...... ............................... 10 ARTICLE IV MANAGEMENT RIGHTS .............................. 10 ARTICLE V COMPENSATION AND RETIREMENT ...................... 10 Section A. SALARY SCHEDULES . ............................... 10 Section B. RETIREMENT ....... ............................... 11 Section C. PROMOTION OR ADVANCEMENT ....................... 15 Section D. PERCENTAGES BETWEEN STEPS ...................... 15 Section E. ADVANCEMENT THROUGH STEPS ...................... 15 ARTICLE VI HOURS ........... ............................... 15 Section A. OVERTIME .......... ............................... 15 Section B. REST PERIODS ...... ............................... 16 Section C. WORK SCHEDULES .. ............................... 17 ARTICLE VII STABILITY PAY /LONGEVITY PAY ....................... 17 Section A. STABILITY PAY ...... ............................... 17 Section B. LONGEVITY PAY ..... ............................... 17 ARTICLE VIII TUITION LOAN /REIMBURSEMENT ...................... 18 ARTICLE IX MILEAGE REIMBURSEMENT .......................... 19 ARTICLE X HEALTH, DENTAL AND LIFE INSURANCE .................. 20 Section A. CONTRIBUTIONS .... ............................... 20 Section B. PERMANENT PART -TIME EMPLOYEES ................... 21 Section C. RETIREE HEALTH EMPLOYEES HIRED BEFORE JULY 1, 2011 .. 23 Section D. RETIREE HEALTH EMPLOYEES HIRED ON /AFTER JULY 1, 2011 25 ARTICLE XI DISABILITY INCOME INSURANCE ...................... 25 ARTICLE XII MEDICAL EXAMINATIONS ............................ 25 Section A. .................. ............................... 25 Section B. .................. ............................... 25 ARTICLE XIII UNIFORMS ......... ............................... 25 Section...................... ............................... 25 Section B. .................. ............................... 26 Section C. .................. ............................... 26 ARTICLE XIV LEAVES OF ABSENCE ............................... 26 Section A. NON - MEDICAL LEAVES WITHOUT PAY ................... 26 Section B. FAMILY CARE AND MEDICAL LEAVES ................... 27 Section C. TEMPORARY MILITARY LEAVE ......................... 27 Section D. VACATION LEAVE .... ............................... 29 Section E. SICK LEAVE ......... ............................... 30 Section F. BEREAVEMENT LEAVE ............................... 32 Section G. HOLIDAYS .......... ............................... 32 Section H. JURY LEAVE ........ ............................... 34 Section I. COURT WITNESS LEAVE .............................. 34 Section J. INDUSTRIAL ACCIDENT LEAVE ......................... 35 ARTICLE XV PROBATIONARY PERIOD ............................. 35 Section A. .................. ............................... 35 Section B. .................. ............................... 36 Section C. .................. ............................... 36 Section D. .................. ............................... 36 Section E. .................. ............................... 36 ARTICLE XVI SPECIAL PAY ....... ............................... 36 Section A. ACTING PAY ........ ............................... 36 Section B. CALL -BACK PAY ..... ............................... 37 Section C. ON -CALL SUBPOENA PAY ............................. 37 Section D. BILINGUAL PAY ...... ............................... 37 Section E. TRAINING PAY ....... ............................... 37 ARTICLE XVII LAYOFFS .......... ............................... 38 Section A. LAYOFF PROCEDURE . ............................... 38 Section B. RE- EMPLOYMENT LIST ............................... 39 Section C. DEFINITIONS ........ ............................... 39 ARTICLE XVIII PERSONNEL FILES .. ............................... 39 Section A. .................. ............................... 39 Section B. .................. ............................... 40 ARTICLE XIX EMPLOYEE GRIEVANCES ............................. 40 Section A. DEFINITIONS ........ ............................... 40 Section B. TIMELINESS ........ ............................... 41 Section C. EMPLOYEE REPRESENTATION ........................ 41 Section D. INFORMAL GRIEVANCE PROCEDURE ................... 41 Section E. FORMAL GRIEVANCE PROCEDURE ..................... 41 Section F. APPEAL TO HUMAN RESOURCES COMMISSION ........... 43 ARTICLE XX DISCIPLINARY ACTIONS ............................. 47 Section A. DISCIPLINARY ACTION ............................... 47 Section B. SALARY REDUCTION . ............................... 48 Section C. UNAUTHORIZED ABSENCE ............................ 48 ARTICLE XXI FULL UNDERSTANDING .............................. 48 2014 -2018 Negotiation Teams ........ ............................... 49 PREAMBLE It is the purpose of the Memorandum of Understanding to promote and provide for harmonious relations, cooperation and communication between City Management and the City employees covered by this Memorandum. As a result of good faith negotiations between City Management representatives and Association representatives, this Memorandum sets forth the Agreement regarding wages, hours, and other terms and conditions of employment for the employees covered by this Memorandum. This Memorandum provides for an orderly means of resolving differences which may arise from time to time during its term. 1 ARTICLE I Section A. PARTIES AND RECOGNITION The Memorandum of Understanding is made and entered into between the management representatives of the City of Arcadia, hereinafter referred to as the "City ", and representatives of the Arcadia Police Civilian Employees Association, a formally recognized exclusive employee organization, hereinafter referred to as the "Association ", pursuant to the provisions of the Meyers - Milias -Brown Act, Government Code Sections 3500 et seq. Section B. APPROPRIATE UNIT The classifications covered by this agreement are: Community Services Officer Dispatcher I & II Dispatch Services Supervisor Logistical Services Officer Police Records Technician I & II Property, Evidence, Crime Scene Technician Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION This Memorandum of Understanding constitutes a mutual recommendation to be presented to the City Council, subsequent to the ratification meeting by the membership of the Association. It is agreed that this memorandum shall not be binding upon the parties either in whole or in part unless and until the City Council formally acts, by majority vote, to approve and adopt said Memorandum. Section D. AUTHORIZED AGENTS The City's principal authorized agent shall be the City Manager, 240 W. Huntington Drive, Arcadia, California, 91007, except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. The Association's authorized representative is its elected President, 250 W. Huntington Drive, Arcadia, California, 91007. E Section E. NOTICE The City agrees to give the Association notice of any changes, additions, or deletions of bargaining unit classifications to facilitate any potential challenge the Association wishes to file. The agenda will be emailed to the Association's authorized representative at the same time the agenda is sent to Commission members. The Association shall be responsible for providing the City with the authorized agent's email address. ARTICLE II Section A. TERM The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that, unless otherwise stated therein, this Memorandum of Understanding shall be effective upon ratification of the City Council and shall cover the term April 1, 2014 through and including June 30, 2018. Section B. SAVINGS CLAUSE If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final court action or decree or by reasons of any preemptive legislation, the remaining Sections of this agreement shall remain in full force and effect for the duration of said agreement. In the event any section of this Memorandum is declared invalid, the City agrees to meet and confer with the Association, upon request, regarding the impact or implementation of the court order or decree or legislation. Section C. NO STRIKE CLAUSE 1. It is agreed and understood that there will be no concerted strike, sympathy strike, work stoppage, slow -down, obstructive picketing, or concerted refusal or failure to fully and faithfully perform job functions and responsibilities, or other concerted interference with the operations of the City by the Association or by its officers, agents, or members during the term of this Agreement. Compliance with the request of other labor organizations to engage in such activity is included in this prohibition. 2. The Association recognizes the duty and obligation of its representatives to comply with the provisions of this Agreement and to make every effort toward inducing its members not to strike, stop work, slow -down, or picket obstructively, and the Association agrees in good faith to actively take affirmative action to cause those employees to cease such action. 3 3. It is agreed and understood that any employee concertedly violating this article may be subject to disciplinary action up to and including discharge. For purposes of this article, any employee disciplined in accordance with this section shall be eligible to utilize the Disciplinary Appeals Procedure as referenced in Section XX of this Agreement. 4. It is understood that in the event the City alleges that this Article has been violated, both parties shall retain any and all rights and remedies under the law to which they would otherwise be entitled. 5. An alleged violation of this section during the term of the Agreement shall not prejudice the City's right to assert the illegality of any concerted activities mentioned above if engaged in by the Association or employees, nor the Association's right to defend itself or its members. Upon the expiration of this Agreement, this language shall not prevent the Association from engaging in such concerted activities mentioned above, to the extent such activities are otherwise legal for public employees to participate in under California and /or federal law. ARTICLE III ASSOCIATION RIGHTS Section A. AGENCY SHOP AGREEMENT 1. Legislative Authority. The City and the Association mutually understand and agree that in accordance with State of California law, the Association has adopted and implemented an Agency Shop provision wherein, as a condition of continued employment, all bargaining unit employees must either: a. Elect to join the Association and pay Association dues; b. Pay an agency fee for representation; or c. With a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. The agency shop provision for the Association is hereby deemed implemented, in conformity with California law. I 2. Association Dues /Agency Fee Collection. The Administrative Services Department shall deduct Association dues, agency fee and religious exemption fees from all employees who have signed a written authorization and a copy of that authorization has been provided to the Administrative Services Department. Employees on leave without pay or employees who earn a salary less than the Association deduction shall not have an Association dues or agency fee deduction for that pay period. The Association shall notify the City of any agency fee payer who elects to only pay fair share fees, the fee equal to direct representation costs as determined by the Association's certified financial report. The Association shall notify the City of the amount of the fair share fee to be deducted from the fair share fee payer's paycheck. 3. New Hire Notification. All new hires in classifications represented by the Association shall be informed by the Human Resources Office of the Administrative Services Department, at the time of hire, that an Agency Shop Agreement is in effect for their classification. The employee shall be provided a copy of this Agreement, and a form, mutually developed between the City and the Association that outlines the employee's choices under the Agency Shop agreement. The employee shall be provided thirty (30) calendar days from the date of hire to select their choice and provide a signed copy of that choice to the Administrative Services Department. The Association may request to meet with new hires at a time and place mutually agreed upon between the Department Head and the Association. 4. Failure to Pay Dues /Fees. All unit employees who choose not to become members of the Arcadia Police Civilian Employees Association shall be required to pay to the Arcadia Police Civilian Employees Association a representation service fee that represents such employee's proportionate share of the Arcadia Police Civilian Employees Association cost of legally authorized representation services on behalf of unit employees in their relations with the City of Arcadia. Such representation service fee shall in no event exceed the regular, periodic membership dues paid by unit employees who are members of the Arcadia Police Civilian Employees Association. Unit employees who attain such status after the effective date of this agreement shall be subject to its terms thirty (30) days after attaining unit status. 5 5. Leave Without Pay /Temporary Assignment Out of Unit. Employees on an unpaid leave of absence or temporarily assigned out of the unit as a Supervisor shall be excused from paying dues, agency shop fees, or charitable contributions. 6. Religious Exemption. Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to pay an agency fee, but shall pay by means of mandatory payroll deduction an amount equal to the agency fee to a non - religious, non - labor charitable organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Those fees shall be remitted by the City, at the choice of the employee, to one of the following non - labor, non - religious charitable organizations: United Way or American Red Cross. To qualify for the religious exemption the employee must provide to the Association, with a copy to the City, a written statement of objection, along with verifiable evidence of membership in a religious body as described above. The City will implement the change in status within thirty days unless notified by the Association that the requested exemption is not valid. The City shall not be made a party to any dispute arising relative to the determination of religious exemptions. Any of the above - described payment obligations shall be processed by the City in the usual and customary manner and time frames. 7. Records. The Association shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City and to Agency Fee payers, within sixty (60) days after the end of its fiscal year, a written financial report thereof in the form of a balance sheet certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. The City shall provide the Association a list of all unit members and their individual payment status with each Association dues check remitted to the Association. 8. Rescission of Agreement. The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of Understanding by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty (30) per cent of the employees in the unit. The election shall be by secret ballot and shall be conducted in accordance with state law by the California State Mediation and Conciliation Service. 0 9. Indemnification. The Association shall indemnify, defend and hold the City harmless from and against all claims and liabilities as a result of implementing and maintaining this Agency Shop Provision. Section B. RIGHT TO JOIN The City and the Association recognize the right of the employees to form, join, and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to join or participate in employee organization activities. During the term of this Agreement, including periods of negotiations of a successor agreement, all bargaining unit members who choose to become members of the Association shall be required to maintain their membership in the Association in good standing, subject however, to the right to resign from membership no sooner than April 15, or later than May 15, of the year this Agreement expires. Any unit member may exercise the right to resign by submitting a written notice to the Association and to the City during the resignation period. Bargaining unit members who resign under this section shall still be obligated to pay either agency fees or religious exemption charitable contributions if they qualify. The City and the Association agree that neither party shall discriminate nor retaliate against any employee for the employee's participation or non - participation in any Association activity. Section C. USE OF BULLETIN BOARDS The City shall provide a designated locking bulletin board for the Association's use where bargaining unit employees have access during their normal working hours: 1. All postings for bulletin boards must contain the date of posting and the identification of the organization; and 2. The Association will not post information which is defamatory, derogatory or obscene, subject to the immediate removal of the right to post for a period not to exceed ninety (90) days. Section D. PAYROLL DEDUCTION From the second paycheck of each month the City will deduct from the pay of each bargaining unit member except those claiming religious exception, and there after remit to the Association, the total sum of all dues, fair share fees and any other designated amounts as voluntarily authorized in writing by the employee: 7 1. Such deduction shall be made after submission by the Association to the designated City representative of an agreed deduction form signed by the employee. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen days or longer after such submission. Every effort will be made to remit dues to the Association within two (2) weeks of collection by the City. The Association agrees to indemnify and hold the City harmless against any and all suits, claims, demands and liabilities that may arise out of, or by reason of, any action that shall be taken by the City for the purpose of complying with this Section. Section E. ASSOCIATION DESIGNATED PROFESSIONAL STAFF & STEWARDS Subject to supervisory approval, nothing herein shall be construed to prevent an employee from contacting the Human Resources Administrator or other management representatives regarding personnel related matters during working hours. Designated professional staff of the Association shall be provided reasonable access to work locations during working hours. Prior to visiting any work location, the Association staff representative shall contact the Human Resources Administrator, or designee, to advise of the general purpose of the visit and which specific area(s) will be visited. Access will not be unreasonably denied. In the event the requested time and /or location of such visit by the designated professional staff is denied, the Human Resources Administrator, or designee, shall set an alternative time for such visit within forty -eight (48) hours. The Association may schedule meetings in the City Conference rooms or the City Council Chambers subject to the same restrictions as other organizations /individuals. 1. The Association Officers and Directors, not to exceed four (4) employees, shall serve as the Association Stewards (Stewards) for the organization and are authorized to represent their fellow employees. The Association shall notify the employer annually in writing of the names of its Officers, Directors, and Stewards. E 2. The Stewards shall each be given at least one (1) work day without pay per year to attend required training, provided, however, that the employee may use vacation, compensatory time or floating holiday time. The Association will provide one pay period's notice of the need for such time off. 3. Additionally, as noted above, an individual Steward shall be provided reasonable release time during their regular work shift, which will not be unreasonably denied, for the purposes of providing representation to the Association's members for situations that include, but is not limited to: a. Representation at a meeting that is reasonably expected to result in discipline. b. Representation at a grievance hearing. c. Special meeting with Human Resources Administrator, designee, or any other City Management representative to resolve problems within the scope of bargaining. d. A fifteen (15) minute orientation period with new hires at the beginning of any new unit employee orientation conducted by the Human Resources Division. 4. Up to five (5) members of the Association negotiating team shall be allowed reasonable time off without loss of compensation or benefits when formally meeting and conferring with City representatives on matters within the scope of representation. This shall include '/2 hour immediately before the meet and confer sessions and '/2 hour after the meet and confer sessions. Section F. REASONABLE NOTICE Except in the case of a bona fide emergency, the City will provide at least fifteen (15) business days notice prior implementation of changes to matters within the scope of representation as defined under the MMBA. The City shall electronically communicate a copy of each agenda for all City Council and /or Human Resources Commission meetings to the Association President. 0 Section G. LIST OF NAMES Within fifteen (15) working days, the Association shall email the City a revised list showing any changes in list of Officers and Directors of the Association. The Association shall also email the City with the names of any professional Staff Representative retained by the Association. Within fifteen (15) working days, the City shall email the Association regarding any change of designated representatives. ARTICLE IV MANAGEMENT RIGHTS Except as limited by the specific and express terms of this Agreement, the City hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, the Charter of the City of Arcadia and /or the laws and Constitution of the United States of America. The management and the direction of the work force of the City is vested exclusively in the City, and nothing in this Agreement is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the Personnel Rules and Regulations of the City; suspend or discharge employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties for lack of work or other good reason; take action as may be necessary to carry out the City's mission and services in emergencies, and to determine the methods, means and personnel by which the operations are to be carried out, including the right to subcontract unit work. ARTICLE V COMPENSATION AND RETIREMENT Section A. SALARY SCHEDULES The City agrees to increase base salaries of classifications covered by this MOU in the amount of Two percent (2 %), effective April 1, 2014, July 1, 2015, and July 1, 2016, and two and one -half percent (2.5 %), effective July 1, 2017. The salary schedules for classifications covered by this MOU are set forth on Exhibit A and incorporated herein. 10 Section B. RETIREMENT EMPLOYEES HIRED BEFORE JULY 1, 2011 The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications contained in this Agreement. The plan shall include the following options: 1. 2.5% @ 55 retirement formula (Government Code §21354.4); 2. Single highest year final compensation (Government Code §20042); 3. Post Retirement Survivor Continuance; 4. Credit for Unused sick leave (Government Code §20965); 5. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($.93) per pay period; 6. Third level 1959 Survivors Benefit allowance (Government Code §21573); 7. Military service credit as public service option (Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit. 8. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service purchases; 9. Provided the employee signs a waiver releasing and holding the City harmless, from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 Plan) toward the pre -tax payroll deduction plan for service credit purchases; 10. Special compensation items shall be reported to CaIPERS in accordance with applicable law; 11. Employees agree to make contributions to offset a portion of the City's costs related to CaIPERS retirement benefits. The employee cost - sharing will be accomplished through pre -tax deductions in the manner contemplated by Section §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under Section §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. The cost - sharing arrangement will be implemented as follows: Employees will pay seven percent of PERSable compensation to CaIPERS retirement (7 %) via payroll deduction toward the City's Employer Contribution to CaIPERS, and said amount will be allocated to the employer's account. 11 12. In addition to the foregoing cost sharing payments, employees shall continue to pay the one percent (1 %) member contribution currently paid by employees to CalPERS. 13. The City shall continue to pay the cost of the employees' member contribution to CalPERS in the amount of seven percent (7 %) (EPMC) and shall continue to report that as additional compensation pursuant to Section §20636(c)(4) of the Government Code. Further, said amount will be allocated to the employee's retirement account. 14. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), Employees agree to cost -share this benefit with the City through pre -tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .276 %. The cost - sharing arrangement will be implemented as follows: Employees will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CalPERS retirement. 2. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 AND BEFORE JANUARY 1, 2013 The City contracts with the State of California Public Employees Retirement system (CaIPERS) for the classifications contained in this Agreement. The plan shall include the following options: 1. 2% at age 60 retirement formula (Government Code §21353); 2. Three (3) year average final compensation period (Government Code §20037); 3. Post Retirement Survivor Continuance; 4. Credit for Unused sick leave (Government Code §20965); 5. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($.93) per pay period; 6. Third level 1959 Survivors Benefit allowance (Government Code §21573); 12 7. Military service credit as public service option (Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit; 8. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service purchases; 9. Provided the employee signs a waiver releasing and holding the City harmless, from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 Plan) toward the pre -tax payroll deduction plan for service credit purchases; 10. Special compensation items shall be reported to CalPERS in accordance with applicable law; 11.Employee will pay the full seven percent (7 %) member contribution to CalPERS via payroll deduction from date of hire; 12. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), Employees agree to cost -share this benefit with the City through pre -tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .276 %. The cost - sharing arrangement will be implemented as follows: Employees will pay one - hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CalPERS retirement. 3. NEW CalPERS MEMBERS HIRED ON OR AFTER JANUARY 1, 2013 The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications contained in this Agreement. The plan shall include the following options: 1. 2% at age 62 retirement formula (Government Code §7522.20); 2. Three (3) year average final compensation period (Government Code §20037); 13 3. Post Retirement Survivor Continuance; 4. Credit for Unused sick leave (Government Code §20965); 5. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($.93) per pay period; 6. Third level 1959 Survivors Benefit allowance Government Code §21573); 7. Military service credit as public service option Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit; 8. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service purchases; 9. Provided the employee signs a waiver releasing and holding the City harmless, from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 Plan) toward the pre -tax payroll deduction plan for service credit purchases; 10. Special compensation items shall be reported to CalPERS in accordance with applicable law; 11. Employee will pay 50% of the normal cost, currently six and three quarters percent (6.75 %) member contribution to CalPERS on a pre -tax basis via payroll deduction; 12. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), Employees agree to cost —share this benefit with the City through pre -tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .276 %. The cost - sharing arrangement will be implemented as follows: Employees will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CalPERS retirement. 4. DEFERRED COMPENSATION Employees may elect to allocate salary to the City's 457 Plan on a pre -tax basis in accordance with the provisions of the Plan. 14 Section C. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION 1. When an employee is promoted, the pay shall advance to the lowest step in such higher range that will provide not less than an approximate five percent (5 %) increase in compensation unless the top step in such range provides less than that amount. Such one step of approximately five percent (5 %), shall be measured by the range from which the employee is promoted. 2. When an employee is promoted to a higher classification, the date of promotion shall be used in determining the date of future step increases. Section D. PERCENTAGES BETWEEN STEPS The parties acknowledge that the percentages between steps within a range are approximately two and one half percent (2.5 %). Section E. ADVANCEMENT THROUGH STEPS The advancement through the salary steps is discretionary based upon satisfactory performance and continuous service in the same classification. The following schedule is the continuous service time required for a qualified employee to receive each step increase: A Step to C Step: 6 months All other Steps: 12 months Salary step advancements may be withheld or delayed by the appointing authority if an employee's performance does not merit such advancement. During the term of this agreement individuals will advance in their rates of compensation two steps (approximately five percent (5 %) on their anniversary date upon receiving a satisfactory performance evaluation. ARTICLE VI HOURS Section A. OVERTIME With the approval of the City Manager, and when necessary to perform essential work, a department administrator may require an employee(s) to work at any time other than during regular working hours until such work is completed. Represented employees required to be in a work status beyond forty (40) hours in a designated work week, or to work in excess of the regularly scheduled shift, shall be paid at the rate of one and one -half times the employee's regular hourly rate. For purposes of overtime calculation, paid sick leave when accompanied by a doctor's slip verifying 15 illness and all other paid leave time shall be regarded as hours worked. No overtime credit shall be allowed for any period less than one - quarter hour. Overtime shall be rounded to the nearest one - quarter hour. When a represented employee is directed by his /her department administrator or the City Manager to attend classes or City functions at times other than regularly scheduled work hours which cause the employee to be in a work status in excess of 40 hours in a designated work week, the employee shall be paid at the rate of time and one -half the employee's regular rate of pay. This does not apply to classes or other functions which the employee voluntarily attends. The Department Administrator or City Manager may permit an employee to accumulate compensatory time in lieu of paid overtime. With Department Administrator approval, represented employees shall be permitted to accumulate compensatory time only to a maximum of one hundred (100) hours. When the maximum level of compensatory time is reached, overtime shall be paid. The scheduling of compensatory time off shall not result in the pyramiding of overtime. Each employee may cash out up to fifty (50) hours of their available compensatory time hours one time during each fiscal year. An employee who has accrued compensatory time off and has requested use of accrued compensatory time, shall be permitted to use such time off within a reasonable period after making the request, if such use does not unduly disrupt the operation of the City. An employee's request to use compensatory time shall not be denied on the basis that it would require the payment of overtime to the replacement employee. The City will assist employees by posting the opportunity for the shift vacancy created by the Compensatory Time Off request, however, it is the responsibility of the employee to find coverage, as the City will not force hire an employee to cover the compensatory time off request. The City shall make reasonable efforts not to revoke requests for compensatory time off that have been approved 2 weeks prior to the date of leave. Section B. REST PERIODS For each eight (8), nine (9), ten (10) and twelve (12) hour shift worked, each represented employee, except Dispatcher I, Dispatcher II and Dispatcher Supervisor, reasonable effort will be made to provide two (2) fifteen (15) minute rest periods, one each approximately at the mid -point of each one -half shift. Office personnel shall not leave City property during break periods unless their duties so require. Rest periods are not cumulative and may not be taken concurrently with lunch periods. 16 Each represented employee, except Dispatcher I, Dispatcher II, and Dispatch Supervisor shall be provided an uninterrupted thirty (30) minute uncompensated meal period scheduled approximately half way through their respective shift. If the opportunity for an uninterrupted meal period is not provided during any shift, the involved employee will receive forty -five (45) minutes of compensatory time off added to their comp time bank or 30 minutes at time and one -half pay. Section C. WORK SCHEDULES 1. The City may establish and change work schedules, work times and work hours, and assign employees thereto, in its sole discretion; provided, however, if the City decides to eliminate a current alternate work schedule (5/40, 9/80, 4/10, 3/12 or 3/13.20), the City agrees it will meet and confer with the Association prior to eliminating the alternate work schedule. If, after meeting and conferring with the Association, the City decides to proceed with its decision to eliminate an alternate work schedule, affected employees shall receive a minimum of two (2) weeks notice of the change. 2. Except for emergencies and temporary changes in work schedules, work times and work hours, which shall be defined for six months or less, affected employees shall be given a minimum of two (2) weeks notice of change in work hours, work times and work schedules. In the case of an emergency or temporary change in work schedules, work times or work hours, reasonable notice shall be given to affected employees. 3. Employees assigned to rotating schedules shall be allowed to conduct mutually agreed upon shift trades for each rotation, subject to management's right to deny or limit such trades due to operational reasons which include, but are not limited to, an employee's probationary status, an employee's performance issues, or employee training. See Side Letter Attached as Exhibit B. ARTICLE VII STABILITY PAY /LONGEVITY PAY Section A. STABILITY PAY This feature of the Pay Plan is intended to encourage stability of employment by recognizing years of service with compensation. 17 Completed Years of Service Amount 20 $500 Cash stability payments are made once a year between December 1 and December 10 only to employees on the payroll as of December 1. Stability payments will be paid on a pro -rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility requirements. Stability pay will only be applicable to employees who were hired prior to January 1, 1984. Section B. LONGEVITY PAY A Longevity pay benefit will be paid to each represented employee based on the below schedule: Completed Years of Amount Continuous Service Per Pay Period 5 -9 Years $ 42.02 10 -14 Years $ 63.04 15 Years and beyond $ 84.06 The Longevity Pay benefit is effective the pay period an employee reaches five (5), ten (10), or fifteen (15) years of continuous employment with the City. The foregoing amounts shall be subject to applicable payroll deductions. ARTICLE VIII TUITION LOAN /REIMBURSEMENT Employees shall be eligible for tuition advancement or reimbursement who have completed at least one probationary period in the Classified Service, or one year of continuous service if employment is "at- will," subject to the conditions below. To qualify for tuition advancement/reimbursement, a Tuition Loan/ Reimbursement Form must be submitted and pre- approved by the employee's Department Head and Human Resources Administrator, before the course(s) begin. Tuition loan or reimbursement shall only be for courses, specialized training, or degree programs "job- related" that are directly related to the employee's position as determined by the City Manager or designee. The Tuition Loan /Reimbursement Program will operate on a fiscal year basis (July 1 through June 30) and shall be subject to the availability of funds as determined by the City. The maximum loan or reimbursement amount shall be $4,126 for undergraduate courses and $5,062 for graduate courses. Eligible fees include tuition, on campus parking fees and textbooks. All other fees are subject to approval by the City. School supplies are not reimbursable. Permanent part -time employees shall receive one -half of the benefit. All course work must be completed while employed by the City of Arcadia with a passing grade of "C" or equivalent when numerical score or pass /fail grade is given. If the employee either does not receive a "C" or better or for any reason does not finish the class, the advance is due and payable. Any employee who shall voluntarily retire or terminate employment or be terminated for disciplinary cause within one year from the completion of a class or classes shall refund all tuition paid under this provision for those specific classes unless they were required to attend by the appointing power. An employee who separates employment and who received tuition advancement and did not complete a class or classes within one (1) year from the advancement, shall refund all tuition advanced and be subject to the provisions outlined in the Advanced Tuition Participation and Loan Agreement. Employees who retire on a Disability or Industrial Disability Retirement, or are laid off shall not be required to refund tuition fees. The City reserves the right to investigate any school and approve or disapprove it for advancement or reimbursement if such action appears warranted. Courses must be taken at an accredited education institution, which is defined as any college or university which has been accredited by a recognized government or professional accrediting body (as determined by the City). Additionally, the City reserves the right to deny any course(s), specialized training or degree programs determined by the City Manager to be non -job related. If an employee terminated for disciplinary cause refunds tuition reimbursement under this provision and the employee is reinstated with back pay at the conclusion of the disciplinary appeals process, set forth in the City's Personnel Rules, back pay shall include the refunded tuition reimbursement. ARTICLE IX MILEAGE REIMBURSEMENT Mileage is reimbursed at a rate established by the City for travel in an employee's personal vehicle in connection with City business. Prior approval must be obtained from the immediate supervisor or department head. If travel is required frequently during a month, reimbursement will be made once a month. Completed mileage forms shall be submitted to the department head consistent with the administrative policy. Any employee authorized to use a personal vehicle must maintain an insurance policy meeting the standards established by the City Manager. 19 ARTICLE X Section A HEALTH, DENTAL AND LIFE INSURANCE CONTRIBUTIONS For full -time employees, if the City's contribution exceeds the cost of employee only coverage, the difference shall be contributed toward the cost of dependent coverage or to the employee in cash or a combination of both. If the premium cost of the health plan exceeds the City contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. The employee's exercise of the option to use the difference toward dependent health coverage or the deferred compensation plan is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. The City shall provide regular full -time employees in a classification represented by this Agreement with the option to elect the following contributions: 1. CalPERS Health Program. The City will contribute the minimum employer contribution required pursuant to Government Code §22892(b) ( "Minimum Contribution ") per month per employee for health insurance (This language does not reduce the City's current maximum health insurance contribution for employees or limit cash back). 2. Dental Insurance — mandatory enrollment: The City will contribute the employee only cost for Delta Care USA insurance per month ( "Dental Contribution ") toward one of two dental plans. Additional coverage may be purchased through the Optional Benefits allocation. 3. Optional Benefits — Full Time Employees: Subject to the limits set forth herein, the City shall contribute the remaining amount of employee's health and dental insurance benefit allowance through a contribution to an Internal Revenue Code §125 Cafeteria Plan as follows: Effective April 1, 2014: a. The City shall pay up to a maximum of $889.00 per month per full - time employee for coverage, inclusive of the Minimum Contribution and Dental Contribution. For full -time employees, if the City's contribution exceeds the cost of the employee only coverage, the difference shall be contributed toward the cost of dependent coverage or to the employee in cash or a combination of both. 20 Effective July 1, 2015: b. The City shall pay up to a maximum of $919.00 per month per full - time employee for coverage, inclusive of the Minimum Contribution and Dental Contribution. For full -time employees, if the City's contribution exceeds the cost of employee only coverage, the difference shall be contributed toward the cost of dependent coverage or to the employee in cash out or a combination of both. Effective July 1, 2016 — June 30, 2018: c. The City shall pay up to a maximum of $949.00 per month per full - time employee for coverage, inclusive of the Minimum Contribution and Dental Contribution. For full -time employees, if the City's contribution exceeds the cost of employee only coverage, the difference shall be contributed toward the cost of dependent coverage or to the employee in cash out or a combination of both. d. If the premium cost of the health plan exceeds the City contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. e. The employee's exercise of the option to use the difference toward dependent health coverage or the deferred compensation plan is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. f. Dependent enrollment will require proof of eligibility for dependent status including social security number, marriage, birth and adoption certificates. 4. Life Insurance: The City shall provide a $25,000.00 life & AD &D benefit for eligible employees. 5. Vision Plan: The City shall provide each employee with a vision plan, with the City paying the premium in fiscal years FY 14 -15 through FY 17 -18.. This vision plan will be Vision Service Plan, option B. The City will pay the premium up to the cost of the family plan. Section B. PERMANENT PART -TIME EMPLOYEES The City shall provide permanent part -time employees in a classification represented by this Agreement with the following contributions. 1. CalPERS Health Program. The City will contribute the minimum employer contribution required pursuant to Government Code 21 §22892(b) ( "Minimum Contribution ") per month per employee for health insurance (This language does not reduce the City's current maximum health insurance contribution for employees or limit cash back). 2. Dental Insurance — mandatory enrollment: The City will contribute the employee only cost for Delta Care USA insurance per month ( "Dental Contribution ") toward one of two dental plans. Additional coverage may be purchased through the Optional Benefits allocation. 3. Optional Benefits — Permanent Part -Time Employees: Subject to the limits set forth herein, the City shall contribute the remaining amount of employee's health and dental insurance benefit allowance through a contribution to an Internal Revenue Code §125 Cafeteria Plan as follows: Effective April 1, 2014: a. The City shall pay up to a maximum of $444.50 per month per part - time employee for coverage, inclusive of the Minimum Contribution and Dental Contribution. For part -time employees, if the City's contribution exceeds the cost of the employee only coverage, the difference shall be contributed toward the cost of dependent coverage or to the employee in cash or a combination of both. Effective July 1, 2015: b. The City shall pay up to a maximum of $459.50 per month per part - time employee for coverage, inclusive of the Minimum Contribution and Dental Contribution. For part -time employees, if the City's contribution exceeds the cost of employee only coverage, the difference shall be contributed toward the cost of dependent coverage or to the employee in cash out or a combination of both. Effective July 1, 2016 — June 30, 2018: c. The City shall pay up to a maximum of $474.50 per month per part - time employee for coverage, inclusive of the Minimum Contribution and Dental Contribution. For part -time employees, if the City's contribution exceeds the cost of employee only coverage, the difference shall be contributed toward the cost of dependent coverage or to the employee in cash out or a combination of both. 22 d. If the premium cost of the health plan exceeds the contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. e. The employee's exercise of the option to use the difference toward dependent health coverage or the deferred compensation plan is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. f. Dependent enrollment will require proof of eligibility for dependent status including social security number, marriage, birth and adoption certificates. 4. Life Insurance: The City shall continue to provide a $25,000 Life & AD &D benefit for permanent part -time eligible employees. 5. Vision Plan: The City shall provide each permanent part -time employee with a vision plan, with the City paying the premium in fiscal years FY 14 -15 through FY 17 -18. This vision plan will be Vision Service Plan, option B. The City will pay the premium up to the cost of the family plan. Section C. RETIREE HEALTH INSURANCE - EMPLOYEES HIRED BEFORE JULY 1, 2011 1. Tier II Retirees. For employees hired before July 1, 2011 and retiring from the City on or after January 1, 2012 ( "Tier II Retirees "), the City agrees to provide a Premium Payment for the purpose of purchasing health coverage offered through CalPERS for the Tier II Retiree and his or her spouse in an amount not to exceed the monthly premium applicable to the coverage level for the retiree (i.e., Employee Only or Employee + spouse) for the 2012 PERS Choice plan for the PERS- designated classification for the City (currently the Los Angeles Area Region) (Employee Only $505.63, employee + spouse $1,011.26). The Premium Payment shall be payable in the following form: (1) PEMHCA Minimum Contribution payable directly to CalPERS, and (2) a reimbursement to the Tier II Retiree equal to difference between the cost of plan in which the Tier II Retiree enrolls, subject to the foregoing cap, and the PEMHCA Minimum Contribution ( "Reimbursement "). If a retiree enrolls in a more expensive plan, he or she will be responsible for payment of any premium in excess of the capped amount. The Reimbursement shall cease for the Tier II Retiree upon eligibility for Medicare coverage, and the Reimbursement shall cease for the spouse upon eligibility for Medicare coverage, or after 15 years, whichever occurs first. 23 Tier II Retirees must be "eligible retirees" in order to receive the benefits described in this paragraph. An eligible retiree is an employee who retires from City service on a service, disability, or industrial disability retirement and has one thousand (1000) hours of accumulated sick leave at the date of retirement. Payment shall cease for the retiree upon eligibility for Medicare coverage, and payment shall cease for the spouse upon eligibility for Medicare coverage or after 15 years, whichever occurs first. If the retired employee and /or spouse have other group medical coverage available, then this other group insurance shall be primary and the City's health insurance plan shall function as a secondary co- insurance. In order to be eligible for retiree health coverage, the employee, and if applicable, the employee's spouse, must be enrolled in a City- sponsored health plan as of the retiree's last day of work and maintain eligibility to continue in the CalPERS Health Program as stipulated by the Health Program. An employee who has fewer than one thousand (1,000) hours of accumulated sick leave at the date of retirement may purchase up to a maximum of three hundred fifty (350) hours worth of sick leave in an amount equal to the employee's daily pay rate at the time of retirement to meet the one thousand (1,000) hour requirement, with the following restrictions; provided, however, upon verification of information from a qualified medical provider that an employee has substantially depleted the employee's sick leave accrual due to a an absence or absences caused by a catastrophic, life threatening illness or injury suffered by the employee or a family dependent living in the employee's household, this purchase limitation of 350 hours will be excused. 1. The employee must have reached the age of 55; and 2. The employee must be employed by the City of Arcadia and must have worked full -time for the City of Arcadia for a minimum of 15 years. An employee may convert the dollar value of accumulated vacation hours to reach the dollar value of up to 350 hours to meet the thousand (1,000) hours accumulated sick leave requirement; provided, however, upon verification of information from a qualified medical provider that an employee has substantially depleted the employee's sick leave accrual due to a an absence or absences caused by a catastrophic, life threatening illness or injury suffered by the employee or a family dependent living in the employee's household, this conversion limitation of 350 hours will be excused. 24 Section D. RETIREE HEALTH -EMPLOYEES HIRED ON OR AFTER JULY 1. 2011 Tier III Retirees. For employees hired on or after July 1, 2011 that retire from the City and who remain enrolled in a Ca1PERS health plan after retirement ( "Tier III Retiree "), the City will pay no more than the PEMHCA Minimum Contribution. Tier III Retirees shall not be reimbursed or otherwise receive payment from the City for health insurance premiums in excess of the PEMHCA Minimum Contribution. ARTICLE XI DISABILITY INCOME INSURANCE The City shall provide disability income insurance up to a maximum total monthly payment of $12.81 per eligible employee, as currently defined by the insurer to be an employee who works at least thirty (30) hours per week, during the life of the Agreement. ARTICLE XII MEDICAL EXAMINATIONS Section A. All medical examinations required by the City shall be paid for by the City in accordance with the City of Arcadia Personnel Rules and Regulations. Section B. An employee at any time may be required by the appointing power to take a medical examination, paid for by the City, to determine fitness for duty. ARTICLE XIII UNIFORMS Section A. Upon hire, the City shall provide the following employees with four (4) sets of uniforms consisting of long sleeve shirt, short sleeve shirt, pants /skirt, cross - tie /tie, and any two of the following items: a sweater, a medium - weight uniform jacket, and appropriate logoed sweatshirt (cannot be worn in public areas as defined by the Chief of Police). • Community Services Officer • Dispatcher 1 /11 • Dispatcher Services Supervisor • Logistical Services Officer • Police Records Technician 1 /11 • Property, Evidence, Crime Scene Technician • Senior Police Records Technician 25 Uniforms shall be replaced on an as needed basis, pursuant to Department procedures. In addition to the above uniforms, the City shall provide two (2) polo shirts to each employee each year Section B. Upon termination of employment the employee shall turn in al uniforms issued. Section C. The City shall provide a safety shoe allowance up to a maximum of $125 per fiscal year for Community Services Officers. The City shall designate safety shoe standards. A purchase order, not to exceed the maximum fiscal year amount referred to above, shall be provided upon the employee's request. Once the employee has purchased safety shoes in this manner, the safety shoe shall be required footwear. Wearing of safety shoes is limited to City work hours. ARTICLE XIV LEAVES OF ABSENCE Section A. NON - MEDICAL LEAVES WITHOUT PAY Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall have power to grant leaves of absence without pay subject to the following restrictions: 1. Length — leave of absence without pay may be granted for a period not to exceed one year with the exception that military leaves may be granted for the duration of a war or national emergency or as required by the Military and Veterans' code. 2. Reason — a leave of absence may be granted an employee, provided he /she meets all other requirements set forth in this rule, who desires to attend school or college or to enter training to improve the quality of his service, who enters military service of the United States, who is temporarily incapacitated by illness, or who presents some other reasons equally satisfactory. 3. Right to Return — the granting of a leave of absence without pay confers upon the employee the right to return to his classification before or at the expiration of his /her leave of absence. Therefore, a leave of absence shall be granted only to an employee who intends to return to his /her classification with the City. 26 4. Service Record — no request for leave of absence will be considered unless the employee presenting the request has a satisfactory service record. 5. An employee granted a leave of absence may be required by the appointing power or the City Manager to successfully pass a medical examination prior to being allowed to return to work. 6. The granting of a leave of absence of thirty (30) days or less, with or without pay, shall not constitute an interruption of service within the meaning of this subsection. The granting of a leave of absence with or without pay of more than thirty (30) days shall constitute an interruption of service unless, in the action granting such leave of absence, it is provided that such leave of absence shall not constitute an interruption of service. 7. The City shall continue to provide health, dental, life, and disability insurance for an employee granted a leave of absence for up to thirty (30) calendar days. It shall be the responsibility of the employee who wishes to continue any insurance coverage beyond the thirty (30) calendar days, to notify the Human Resources Office of his /her intent to continue coverage and to remit the full monthly premium for any coverage to the Administrative Services Department. Section B. FAMILY CARE AND MEDICAL LEAVES Upon the written request of an employee, the City shall grant any and all Family Care and Medical Leaves as required by law. Section C. TEMPORARY MILITARY LEAVE Any employee who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the Navy Militia shall be entitled to a temporary military leave of absence as provided by applicable Federal law and applicable California State law. To be eligible for paid leave for thirty (30) calendar days of active military training, an employee must have been employed by the City for a period of not less than one (1) year immediately prior to the day on which the leave of absence begins. If the employee has not been employed for a period of one year, the leave shall be granted without pay. Pay shall not exceed thirty (30) calendar days in any one (1) fiscal year. An employee on paid military leave shall continue to accrue vacation, sick leave, seniority and /or holiday in the same manner as the employee would have, had the employee been in a work status. 27 To be eligible to receive the leave, an employee must submit a request in writing with a copy of his /her military orders to his /her immediate supervisor for processing. Military and Veteran's Code 395, 395.01(a), 564 and 566 set forth provisions for state military reserve personnel employed by public employers are statutorily entitled to up to 180 days of temporary military leave for active duty activities with up to 30 days of paid military leave each fiscal year. When placed on state active duty this is ordered active duty, which entitles the employee to paid military leave. State military reserve personnel also generally have a right to extended leaves of absence and a right to re- employment after lengthy periods of ordered duty when called to active duty in certain emergency circumstances and public employees are entitled to receive their pay from their public employer for the first thirty (30) days of that period of active military and veteran's code section 143, 146, 395, 395.05, 395.06 and 566. Before leaving for an extended leave (181 days or more), the employee must notify the city of his or her intention to return to work upon the completion of the active duty service. Employees will have ninety (90) days from completion of extended active service to report back to work to resume their duties, must submit to the City a copy of the honorable discharge papers, and pass a medical exam. Additional military leave provisions were adopted by Council on November 20, 2001, in Resolution 6268. For military leave covered by this Resolution, the City will maintain the difference between the employee's City salary and benefits of the employee while on active military duty. Although a military leave of absence is not considered a break in service in relation to seniority, if the employee wishes to have their extended military service time credited toward CalPERS, the employee may buy back credit for their leave of absence for active military service through CalPERS as CalPERS has determined that payments while on such service are not reportable for retirement purposes. This leave provision does not apply to employees who are drafted or receive orders to military duty for periods longer than 180 calendar days. Employee's rights to return to vacant positions after an absence that exceeds 180 calendar days shall be governed by the applicable Federal and State law. 28 Section D. VACATION LEAVE 1. Accumulated vacation leave shall be granted at the discretion of the appointing power. 2. Vacation may not be accumulated beyond the amount accumulable for a sixty -five (65) pay period basis. Once an employee has accumulated this amount, no more vacation will be accrued by the employee until the employee's accrual has been reduced below this maximum amount. When through work circumstances and needs of the job, an employee has been unable to utilize vacation time and this has not been a pattern or practice for that employee, the City Manager for good cause may approve excess accumulated vacation, provided the employee reduces this total below the allowable maximum within six (6) months. 3. An employee who has previously requested and was granted approval of vacation leave for use during the last three (3) months of the calendar year and is unable to utilize such leave because of the City's cancellation of leave shall be allowed to carry over the excess leave time into the next three (3) months of the new calendar year, if rescheduling of the vacation leave is not possible. 4. Upon termination, vacation used shall be pro -rated against vacation earned. Every City employee who leaves the City employ for any reason shall be granted all accumulated vacation or shall be paid therefore at his rate of compensation applicable at the time he leaves the City employ. If an employee works fifty percent (50 %) of the final pay period, the employee shall receive credit for that pay period's vacation. If an employee works less than fifty percent (50 %) of the pay period, the employee accrues nothing. 5. Full -time employees covered by this Agreement, with the exception of temporary appointments shall accumulate vacation with pay beginning with the first full pay period of employment at the rate of 3.07 hours per pay period during the first five (5) years of continuous full -time employment with the City; at the rate of 4.61 hours per pay period between the employee's fifth (5th) and tenth (10th) anniversary date of continuous full -time employment; at the rate of 5.23 hours per pay period between the employee's tenth (10th) and fifteenth (15th) anniversary date of continuous full -time employment, and at the rate of 6.15 hours per pay period after fifteen (15) years of continuous full -time employment with the City. 29 Every full -time employee covered by this agreement, with the exception of temporary appointments shall accumulate vacation with pay beginning with the first full pay period of employment. Vacation shall be accrued based on years of service as follows: 1 -5 years 80 hours 6 -10 years 120 hours 11 -15 years 136 hours 16+ years 160 hours Part -time employees covered by this agreement, with the exception of temporary appointments shall accumulate vacation with pay beginning with the first full pay period of employment at the rate of 1.54 hours per pay period during the first five years of continuous employment with the City; at the rate of 2.31 hours per pay period between the employee's fifth and tenth anniversary date of continuous employment; at the rate of 2.62 hours per pay period between the employee's tenth and fifteenth anniversary date of continuous employment, and at the rate of 3.07 hours per pay period after fifteen years of continuous employment with the City. 6. Vacation scheduling for the dispatch, records, and community services officer work sections, excluding supervisory and management employees, shall be determined by seniority within each work section, provided that the employee's vacation request is made within one month prior to the applicable master vacation schedule. Requests made during the applicable period of the master vacation schedule will be considered on a first come, first served basis. 7. Employees may elect to sell back vacation during a calendar year equal to the amount of vacation taken during the year, by the date of the request, not to exceed a maximum of eighty (80) hours in the calendar year. Section E. SICK LEAVE 1. Every full -time employee covered by this agreement shall accrue sick leave beginning with the first full pay period of employment on the basis of 3.693 hours for each pay period of service completed with the City. Employees may accumulate up to a maximum of 1,500 hours of sick leave with pay. 2. The City Manager or designee may require a medical examination by a physician or evidence of the reason for an absence of any employee during absence on account of illness of such employee. 30 3. Except as provided hereinafter, sick leave means authorized absence from duty of an employee who is temporarily disabled and unable to work due to a medical condition or due to a scheduled medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non - working hours. Employees that are injured on duty, and the injury is recognized as such by the City or the WCAB, and not eligible to receive salary to supplement workers' compensation temporary disability benefits under Section J of this Article, may request that accrued sick leave be paid to supplement workers' compensation disability payments. 4. Sick leave may be used by an employee when his care and attendance is required by a family dependent who requires the employee's presence at the dependent's medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non - working hours. Family dependents shall include only dependents currently residing in the employee's household, or the employee's minor children. 5. The appointing power and City Manager may require evidence of the reason for any employee's absence caused by illness or death in the immediate family of the employee during the time for which sick leave is requested. 6. In case of absence due to illness, the employee shall notify his /her department in accordance with departmental rules and only be required to designate if illness is "sick personal" or "sick family ". If an employee is requested to provide a doctor's certification for their illness or the illness of their dependent(s), the request for the certification shall be made prior to their return to work. The appointing power and City Manager may deny or revoke sick leave if the illness or injury for which it is taken is caused or substantially aggravated by compensated outside employment. 7. Part -time employees who work more than forty (40) hours in a pay period shall receive sick leave in the same manner and under the same conditions as full -time employees at one -half the level of full -time employees. 8. If an employee works fifty percent (50 %) of the final pay period, the employee shall receive credit for that pay period's sick leave. If an employee works less than fifty percent (50 %) of the pay period, the employee accrues nothing. 31 Section F. BEREAVEMENT LEAVE At the time of death, or where death appears imminent, in the immediate family, an employee, may be granted a leave of absence with pay, upon approval of the appointing power and the City Manager. Immediate family is defined as the spouse, the employee or employee's spouse's mother or stepmother, father or stepfather, brother or sister or step sibling, child or stepchild, grandparents, grandchildren, or any relative of the employee or employee's spouse residing in the same household. Such leave, shall be granted based on employee's current work shift up to a maximum of three (3) shifts. Section G. HOLIDAYS 1. Effective July 1 of each year, the City shall credit each member of the bargaining unit with eighty (80) hours of holiday leave bank based on the following holidays: New Year's Day .... ........................January 1 President's Day ............................The third Monday in February Memorial Day ... ............................The last Monday in May Independence Day ........................July 4 Labor Day ......... ............................The first Monday in September Admission Day ........ ......................September 9 Veteran's Day ......... .......................November 11 Thanksgiving Day ..........................The fourth Thursday in November Day after Thanksgiving Day.......... The Friday following the fourth Thursday in November Christmas Eve ........ .......................December 24 (4 hours) Christmas Day ........ .......................December 25 New Year's Eve ...... .......................December 31 (4 hours) An employee may use the holiday leave bank in any increment, at any time, in the same manner as vacation is scheduled and taken. Employees can elect to cash out Holiday hours at the beginning of each fiscal year or any remaining hours at the end of the fiscal year date of June 30. The cashed out holiday pay shall be paid out at the employee's "regular rate" of pay used for the purposes of the Fair Labor Standards Act at the time of the employee's request. An employee who separates employment shall, depending on the circumstances, be entitled to a proportionate share of his /her holiday leave bank not taken based on the number of holidays occurring prior to date of separation (i.e., an employee who separates on January 2 would be entitled to sixty -four (64) hours less any time already utilized or cashed out) or be required to reimburse the City on a proportionate basis for any excess holiday leave taken or cashed out (i.e., if an 32 employee separates on January 2 and he /she has already used eighty (80) hours of holiday leave, he /she would be required to reimburse the City sixteen (16) hours. Such reimbursement shall first be made from accrued vacation and /or compensatory time; if such reimbursement is not sufficient, the remaining dollar equivalent shall be deducted from the employee's final paycheck). 2. In lieu of Citywide holidays to celebrate Dr. Martin Luther King's birthday and Admissions Day, full -time employees shall receive two (2) eight (8) hour floating holidays to be scheduled by the employee in the same manner as vacation leave. Additionally, full time employees shall receive an eight (8) hour floating holiday for his /her birthday to be scheduled by the employee in the same manner as vacation leave. Floating holidays shall not carry over into subsequent fiscal years and failure to schedule a floating holiday in the fiscal year in which it is earned shall result in its loss. If the City adopts Dr. Martin Luther King's birthday as a fixed Citywide holiday or it re- adopts Admissions Day as a fixed Citywide holiday, the floating holiday(s) based thereon shall cease and eligible employee shall receive the fixed Citywide holiday(s). Full time employees in the unit employed on July 1 of the fiscal year shall conditionally accrue twenty -four (24) hours of floating holiday. If the employee uses floating holiday leave and separates from City employment before the date upon which the floating holiday is based (Dr. Martin Luther King's birthday, Admissions Day and /or the Employee's birthday), said floating holiday leave shall be repaid to the City through payroll deduction. Employees hired after the beginning of the fiscal year shall accrue floating holiday only if the employee is employed before the date on which the floating holiday is based (Dr. Martin Luther King's birthday, Admissions day and /or the Employee's birthday). As an example, an employee hired on July 15, whose birthday is August 5, would receive a floating holiday for his birthday, Admissions Day and MLK's birthday for that fiscal year. However, if that same employee was hired on March 15, the employee would not receive any floating holiday benefit for that fiscal year. 3. An employee required to work or attends a class or function on any holiday allowed to him by this Section shall be paid for the holiday, and in addition, he shall be compensated in accordance with the applicable overtime rules. A holiday allowed by this Section occurring during any leave of absence with pay shall be added to the number of working days' leave of absence to which such employee is entitled. 33 4. For full -time employees assigned to an alternate work week, and scheduled to work 9 or more hours, but for the holiday would have been scheduled to work 9 or more hours, the employee may use accrued vacation time, accrued comp time, floating holiday time or unpaid leave to make up any difference between the provided nine hours of holiday pay and the actual number of regularly scheduled working hours for a designated holiday. For example, if a holiday falls on a day an employee is scheduled to work ten (10) hours, the employee shall receive nine (9) hours of holiday pay and be permitted to use other accrued leaves to make up the extra hour for that day. 5. Represented part -time employees who work more than forty (40) hours in a pay period shall receive holidays in the same manner and under the same conditions as full -time employees at one -half the level of full -time employees. Section H. JURY LEAVE When an employee is called or required to serve as a juror, attendance shall be deemed a leave of absence with full pay. The City will compensate jury service up to eighty (80) hours per year. All hours in excess of eighty (80) shall not be compensated unless the employee uses accrued vacation or compensatory time. The employee shall remit to the City all fees received except mileage. For employees assigned to an alternate work week, pay for jury duty shall not be provided on regularly scheduled days off. When released from any day of service prior to the end of the normal work schedule, an employee shall contact their supervisor for direction. If an employee is assigned to a graveyard or swing -shift schedule and is required to report for Jury Service on a working day (i.e. scheduled to work that day /evening) he /she will not be required to come to work and will be paid for that shift. This will only apply to the first day of Jury Service. The City, at its discretion, will administratively reassign employees assigned to jury duty to an 8 hour per day schedule or an 8 hour per day forty hour per week schedule for the duration of jury duty. Section I. COURT WITNESS LEAVE An employee who is subpoenaed or required to appear in court for a non - work related matter as a witness shall be deemed to be on leave of absence and shall be permitted to use accumulated time off. With approval of the appointing power and City Manager, an employee may be granted leave with pay during his required absence. The employee shall remit to the City fees received except mileage. A paid leave of absence 34 shall not be granted for time spent in Court on personal cases, provided however that the employee can use accumulated time off. Section J. INDUSTRIAL ACCIDENT LEAVE 1. Industrial accident leave shall be granted to employees with three or more full years of continuous service with the City. 2. Industrial accident leave shall be allowed for a maximum of ten months or as provided by law whichever is greater and shall be computed from the date said absence is necessitated due to effects of the industrial injury. Industrial accident leave shall be equivalent to the employee's regular base salary and any temporary disability compensation payment required by law shall be deducted from the industrial accident leave payment. Lost time due to an injury on duty shall not be charged against an employee's accumulated sick leave after all industrial accident leave is expended. 3. Compensation shall continue until the employee returns to work, industrial accident leave is exhausted, or it is medically determined that there is a permanent disability which precludes return to regular duties, whichever occurs first. 4. The City reserves the right to require an employee to furnish proof from a physician of the cause and necessity of absence during an industrial accident leave. 5. "Industrial accident" as used in this Article, is defined as any illness or injury arising directly out of the employment of the employee which forces the employee to absent himself /herself from work upon the advice of a physician. The determination of whether an illness or injury results from an industrial accident shall be made by the City in consultation with its Workers' Compensation administrators or as determined by the WCAB. ARTICLE XV PROBATIONARY PERIOD Section A. The probationary period is part of the examination process. It is a work -test period during which the employee's performance and conduct on the job are evaluated to determine whether or not the employee is fully qualified for permanent appointment. During the probationary period, a probationer may be released, or demoted if permanent status is held in a lower classification, without the right of appeal, if the appointing power deems the probationer unfit or unsatisfactory for service. 35 When a provisional appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee, with no time interval between the provisional and probationary appointment, the "employment date" as herein defined, shall be the date first appointed on a provisional basis. Section B. All eligible candidates appointed to a position from an open competitive examination and who are not currently employed in a permanent position shall be on probation for twelve (12) months before attaining permanent status. For the classifications of Dispatcher I, Dispatcher 11, Community Service Officer, and Police Records Technician 1 /11 and Senior Police Records Technician the probationary period for all eligible candidates appointed from an open competitive examination and who are not currently employed in a permanent position, shall be eighteen (18) months. Eligible candidates appointed from a promotional list to these classifications, (except Dispatcher I promoting to a Dispatcher 11) shall be on probation twelve (12) months before attaining permanent status. A Dispatcher I who has successfully completed probation and is appointed from a promotional list to Dispatcher 11 shall be on probation for six (6) months before attaining permanent status. Section C. Eligible candidates appointed from a promotional list shall be on probation for six months before attaining permanent status. Section D. Probationary period may be extended for a one six (6) month period with the approval of the Human Resources Manager. Section E. A probationary employee who is holding a promotional position shall have the right to demotion to the classification in which he /she holds a permanent appointment, unless he /she was discharged for cause from City employment. ARTICLE XVI SPECIAL PAY Section A. ACTING PAY Any employee in the unit who is required, in writing, to work five (5) consecutive working days or longer in a higher classification which is vacant due to sick leave, injury leave, vacation, termination or move up due to acting pay shall receive the following acting pay retroactive to the first day of the assignment: 1. Five (5) percent above their current rate of pay or A step of the higher classification, whichever is higher; or 36 2. Should such percentage exceed the top step of the range for the higher classification, the employee shall receive compensation at the top step of the higher classification. Nothing contained herein shall apply to an employee who is being trained by the City to qualify for a higher classification. Section B. CALL -BACK PAY If a unit member is required while off duty to report back to work on a call - out, he /she shall receive a minimum of two (2) hours pay at straight time or the hours actually worked at the appropriate rate of compensation, whichever is greater. Call back pay shall commence upon the arrival of the employee at the work site. Section C. ON -CALL SUBPOENA PAY If a unit member receives a subpoena AND is required to be on call, he /she shall receive two (2) hours of pay at straight time. Section D. BILINGUAL PAY A maximum of six (6) employees may be certified as bilingual by the City. Once certified, the employee shall receive a bilingual pay stipend of $75 per month. Any employee who is not certified as bilingual by the City shall not be required to use a language other than English. However, when a member of the public, who does not speak English, asks an employee for assistance in a language other than English that the employee understands, the employee shall make a reasonable effort to communicate with the member of the public in a polite and professional manner. Section E. TRAINING PAY During the term of this agreement, an employee assigned by the Chief or his designee to perform the extra duty and responsibility of training new Police Cadets shall receive $15.00 per day, in addition to their base salary, only while in the capacity of training the new Police Cadet. An employee assigned by the Chief or his designee to perform the extra duty and responsibility of training a new full -time employee shall receive $20.00 per day, in addition to their base salary, only while in the capacity of training the new employee. 37 ARTICLE XVII LAYOFFS Section A. LAYOFF PROCEDURE The City Manager or appointing power may layoff an employee because of change in duties or organization, deletion of service, adverse working conditions, shortage of work or funds or return of employees from authorized leave of absence. The order of layoff shall be based on performance (outlined in Section C below), and in the reverse of total cumulative time served in the same classification upon the date established for the layoff to become effective. The order of employee layoff in a department shall be as follows: temporary, provisional, probationary, permanent. The employee in the class with the least seniority in the department will be laid off and may exercise bumping rights, if any, to the least senior incumbent in the class in the City. However, if a vacancy exists in the class, there will be no bumping and the employee who is to be laid off will be reassigned to the vacant position. Classified employees may only bump or voluntarily demote to a classified position and unclassified employees may only bump or demote to an unclassified position. Permanent full -time employees who receive notice of layoff may, in lieu of layoff, voluntarily demote to the next lower classification that the employee previously held within the unit, provided such employee's seniority in the department is greater than the most junior employee holding the lower position. Permanent part -time employees may in lieu of layoff voluntarily demote to the next lower part -time classification that the employee previously held within the unit, provided such employee's seniority in the department is greater than the most junior employee holding the lower position. Employees in classifications which are found in more than one Department may in lieu of layoff voluntarily transfer to another City department in the same classification, or lower classification, provided there is a funded vacant position or provided the employee's seniority is greater than the most junior employee holding the position. An employee who transfers across departmental lines shall serve a six month probationary period. If the employee fails the probationary period the employee shall then be placed on the re- employment list, and the employee who was laid off shall be reinstated. 38 Section B. RE- EMPLOYMENT LIST The names of employees shall be placed upon re- employment lists in the reverse order of the layoff. Re- employment lists shall remain effective for eighteen (18) months from the effective date of separation from service. Failure of the employee on the re- employment list to provide the City their current address shall result in the employee's name being removed from the eligibility list. Section C. DEFINITIONS 1. Employee — Permanent full -time and permanent part -time worker of the City of Arcadia who has been employed by the City for twelve consecutive months. 2. Layoff — Permanent separation from employment with the City as a result of a work reduction. 3. Performance — The rating received by the employee from the City of Arcadia's evaluation process. For the purposes of layoffs, seniority will only be disregarded if an employee's overall performance evaluation rating in any one of the last three years is below proficient. In such case, the layoff shall be based upon performance. 4. Work Reduction — A decrease in the level of service or amount of product output by the City. ARTICLE XVIII PERSONNEL FILES Section A. The City shall maintain a central personnel file for each employee in the Human Resources Office. Supervisors may maintain working personnel files. If a supervisor maintains a working personnel file, copies of written material which is to be used as a basis for employee discipline shall be sent to the central personnel file and given to the employee. Copies of performance evaluations and /or disciplinary actions shall not be entered in the file, until the employee is given a copy and an opportunity to review and comment thereon. The employee shall be given an opportunity during working hours to initial, date, and file a written response to the material. The written response shall be attached to the material. Copies of letters of commendation and /or certificate of commendation from the City Council or City Manager shall be placed in the employee's personnel file. 39 An employee or their designated representative (in writing) shall have the right to examine and /or obtain copies at the employee's expense, of any material from the employee's personnel file with the exception of material that includes ratings, reports and records which were obtained prior to the employment of the involved employee. Section B. Discipline older than three (3) years will not be considered in promotional recruitments. ARTICLE XIX EMPLOYEE GRIEVANCES Section A. DEFINITIONS 1. Grievance — A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any express provision of the applicable Memorandum of Understanding or City and /or Department Personnel Rules and Regulations where there is no other specific method of review provided by City law. 2. Grievant — An employee or group of employees in the classified service adversely affected by an act or omission by the City allegedly in violation of an express provision of the Memorandum of Understanding or City and /or Department Personnel Rules and Regulations. 3. Department Head — The department head or designee. 4. Work day — A work day is any day the City offices are regularly open for business. 5. Exclusions from the Grievance Procedure: a. The procedure is not to be used for the purpose of changing wages, hours and working conditions. Allegations involving wages, hours and working conditions may thus be grieved only if the grievance involves a misapplication or misinterpretation of an express provision of the MOU or a City /Department Personnel Rules and Regulations. b. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. Allegations that the City has failed to comply with an evaluation procedure set forth in a specific provision of the MOU and /or City /Department Personnel Rules and Regulations are grievable. 1111111 c. The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and /or City /Department Personnel Rules and Regulations, a grievance may be filed. d. The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension, removal or other disciplinary action. Appeals of disciplinary actions are covered by the City's Personnel Rules and Regulations. e. The procedure is not to be used to challenge examinations or appointment to positions. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and /or City /Department Personnel Rules and Regulations, a grievance may be filed. Section B. TIMELINESS The grievance must be filed by the employee within the timelines set forth herein. Failure of the employee to file the initial grievance or process the grievance from one level to another in a timely manner is a forfeiture of the grievance and the grievance will not be processed further. If the City fails to respond in a timely manner, the employee may proceed to the next level. Section C. EMPLOYEE REPRESENTATION The employee may be represented by a person of his or her choice to prepare and present the grievance. The employee may use a reasonable amount of released time to process the grievance. The release time must be approved by the Department Head. Section D. INFORMAL GRIEVANCE PROCEDURE Within fifteen (15) working days following the event, or within fifteen (15) working days after the employee should reasonably have known of the event, the employee should attempt to resolve the grievance on an informal basis by discussion with his or her immediate supervisor. Section E. FORMAL GRIEVANCE PROCEDURE 1. First Level of Review: Next Level Supervisor If the employee is not able to resolve the grievance after discussion with his or her immediate supervisor, within ten (10) working days after 41 the informal discussion with the immediate supervisor, the employee shall present the grievance in writing to the next level supervisor on the official City grievance form setting forth the following information: a. The specific section of the rules or MOU allegedly violated. b. The specific act or omission which gave rise to the alleged violation. c. The date or dates on which the violation occurred. d. Documents, witnesses or evidence in support of the grievance. e. The resolution of the grievance at the informal stage. f. The remedy requested. A copy of the grievance shall be provided to the Human Resources Division of the Administrative Services Department concurrently with presentation to the immediate supervisor. The next level supervisor shall render a decision in writing, on the grievance form, within ten (10) working days after receiving the grievance. 2. Department Head Review If the employee does not agree with the decision of the next level supervisor, within ten (10) working days after receiving the next level supervisor's decision or twenty (20) days from the date the next level supervisor received the grievance but failed to issue a decision, the employee shall present the grievance in writing, on the grievance form, to the department head. The department head may require the employee and the immediate supervisor to attend a grievance meeting. The department head shall communicate a decision in writing within ten (10) working days of receiving the grievance or within ten (10) working days of holding a grievance meeting whichever is longer. 3. Human Resources Manager If the employee is not in agreement with the decision reached by the department head, within ten (10) working days after receiving the department head's decision or twenty (20) days from the date the department administrator received the grievance but failed to issue a decision, the employee shall present the grievance in writing to the Human Resources Manager on the official City grievance form. 42 The Human Resources Manager may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources Manager shall communicate a decision in writing within ten (10) working days of receiving the grievance or the holding of a grievance meeting whichever is longer. 4. Human Resources Commission If the employee is not in agreement with the decision of the Human Resources Manager or if the Human Resources Manager has failed to respond, the employee shall present the grievance to the Human Resources Commission within ten (10) working days from the date of receipt of the Human Resources Manager's decision or twenty (20) days from the date the Human Resources Manager received the grievance but failed to issue a decision. Section F. APPEAL TO HUMAN RESOURCES COMMISSION 1. Scheduling of Hearing: Upon receipt of the request for an appeal, the City shall, within thirty (30) days, transmit the appeal to the Human Resources Commission. The Commission shall schedule a hearing. The appeal hearing shall be set not less than twenty (20) working days nor more than sixty (60) working days from the date of the filing of the appeal. All interested parties shall be notified in writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing. 2. Public Hearings: All hearings shall be open to the public. 3. Pre - Hearing Procedure: a. Subpoenas: The Human Resources Commission is authorized to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas shall be issued by the Commission only for good cause. Each party will prepare their own subpoenas and present them to the Human Resources Division of the Administrative Services Department and the other party. The Human Resources Division of the Administrative Services Department will issue the subpoenas. The Human Resources Division of the Administrative Services Department will serve subpoenas for current City employees. It will be the responsibility of the employee or the City to serve subpoenas on individuals who are not currently employed by the City. It will be the responsibility of the employee and the City to submit the written request for 43 subpoenas at least ten (10) working days before the date of the hearing. b. Exhibits and Witness Lists: Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit to the Human Resources Division of the Administrative Services Department a list of all witnesses and a list and copy of all exhibits. An original and nine (9) copies of the exhibits shall be presented to the Human Resources Division of the Administrative Services Department in 3 hole notebooks which are tabbed down the side with the exhibit numbers. The employer's exhibits shall be designated by number. The employee's exhibits shall be designated by alphabetical letter. Neither party will be permitted to call during the hearing, a witness not identified pursuant to this section nor use any exhibit not provided pursuant to this section unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit. c. Statement of Issues: Five (5) working days prior to the date set for the hearing, each party shall submit to the Human Resources Division of the Administrative Services Department a Statement of Issues. 4. Submission to the Human Resources Commission: Five (5) working days prior to the date set for the hearing, the Human Resources Division of the Administrative Services Department shall present each member of the Human Resources Commission with a copy of the jurisdictional documents. Those documents include the grievance documents at each level and the responses to the grievance. 5. Payment of Employee Witnesses: Employees of the City who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. The Commission may direct that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non - working hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement. 6. Conduct of the Hearing: a. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. .. b. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. d. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. e. Irrelevant and unduly repetitious evidence may be excluded. f. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. g. During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. h. The Human Resources Commission may conduct the hearing or delegate evidentiary and /or procedural rulings to its legal counsel. 7. Burden of Proof: In a grievance appeal the grievant has the burden of proof by preponderance of the evidence. 8. Proceed with Hearing or Request for Continuance: Each side should be asked if it is ready to proceed. If either side is not ready and wishes a continuance, good cause must be stated. Any request for a continuance must be made in writing and submitted prior to the hearing to all parties. Before requesting a continuance, the moving party shall contact all parties to determine if there is any opposition to the continuance and shall state in its request if there is opposition. 9. Testimony under Oath: All witnesses shall be sworn in for the record prior to offering testimony at the hearing. The chairperson will request the witnesses to raise their right hand and respond to the following: "Do you swear that the testimony you are about to give at this hearing is the truth, the whole truth and nothing but the truth ?" 10. Presentation of the Case: The hearing shall proceed in the following order unless the Human Resources Commission for special reason, directs otherwise: 45 a. The Human Resources Chair shall announce the issues after a review of the statement of issues presented by each party. b. The grievant (employee) shall be permitted to make an opening statement. c. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. d. The grievant shall produce his /her evidence. e. The respondent may then offer its evidence. f. The grievant followed by the respondent may offer rebutting evidence. g. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. 11. Procedure for the Parties: The party representing the department and the party representing the employee will address their remarks, including objections, to the Chair of the Human Resources Commission. Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representatives shall continue with the presentation of their case. 12. Right to Control Proceedings: While the parties are generally free to present their case in the order that they prefer, the Chair reserves the right to control the proceedings, including, but not limited to, altering the order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses. 13. Hearing Demeanor and Behavior: All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 14. Deliberation Upon the Case: The Commission will consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed ten (10) working days. M 15. Recommended Decision: The Human Resources Commission shall render its recommendations as soon after the conclusion of the hearing as possible, and no event, later than ten (10) working days after concluding the hearing, unless otherwise stipulated to by the parties. The recommended decision shall include an explanation of the basis for the decision. The Human Resources Commission shall not be polled as to their decision by the grievant or the grievants counsel. 16. Recommendation to the City Manager: The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shall be provided to the grievant and the City Manager. Either the employee or the department may file a written appeal to the proposed decision, by filing exceptions thereto with the Human Resources Manager within ten (10) days of receipt of the Commission's recommended decision. The party desiring to contest the recommended decision of the Commission may also request a transcript for review by the City Manager within ten (10) working days of the Commission's decision. If the appealing party requests a transcript, that party shall pay the cost of the transcript. 17. Final Action by City Manager: Within ten (10) working days of the filing of exceptions, or within ten (10) days of receipt of the transcript, the City Manager shall review the decision of the Commission, any exceptions filed, and a record, if one is requested. The decision of the City Manager shall be final. The decision shall be transmitted to the employee and to the department head. ARTICLE XX DISCIPLINARY ACTIONS Section A. DISCIPLINARY ACTION: SUSPENSION, SALARY REDUCTION, DEMOTION AND DISMISSAL The appointing powers are vested with the right to discipline or to dismiss permanent employees as provided by this section. A permanent employee holding a position in the classified service shall be subject to suspension without pay, salary reduction, demotion or dismissed for cause. A permanent employee in the classified service shall have the right to appeal the suspension without pay, demotion, or dismissal to the Human Resources Commission. If the appeal is timely 47 filed, a hearing will be scheduled by the Human Resources Commission in accordance with the City's Personnel Rules. Probationary employees are subject to demotion or dismissal without cause or right to a hearing except as otherwise required by law. Section B. SALARY REDUCTION An employee may be disciplined by reduction in compensation to any step in the salary scale applicable to the employee's current classification or to the classification to which the employee is demoted. Section C. UNAUTHORIZED ABSENCE Unauthorized leaves of absence may be considered cause for up to and including dismissal, subject to the City's disciplinary appeals process. ARTICLE XXI FULL UNDERSTANDING This Memorandum of Understanding and attached side - letters contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is the intent of the parties that this agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit and that the City will meet and confer as required by law, before implementing changes. For the life of this agreement it is agreed and understood that the Association hereto voluntarily agrees that the City shall not be required to meet and confer with respect to any subject or matter whether referred to or covered in this agreement or not during the term of this agreement except as set forth above. The parties may mutually agree in writing to meet and confer on any subject contained in this agreement during the life of this agreement. .- The parties have caused this Memorandum of Understanding to be executed this day of , 2014. ARCADIA POLICE CIVILIAN EMPLOYEES CITY OF ARCADIA ASSOCIATION Kristi Ortiz, President 2014 -2018 Negotiation Teams APCEA Negotiating Team Krlstl Ortiz, President Caroline Ngai, Treasurer Mike Vercillo, Secretary M Dominic Lazaretto, City Manager City of Arcadia Representatives Jason Kruckeberg, Assistant City Manager/ Development Services Director Hue Quach, Administrative Services Director Larry Goodman, Police Captain Jeannette Flores, Senior Human Resources Analyst CITY OF ARCADIA SALARY RANGE APRIL 1, 2014 - JUNE 30, 2015 APCEA - 2.0% COLA Exhibit A Range Number Title Step A Step B Step C Step D Step E Step E Step G Step H Step I Step J 40A Police Records Technician 1 $ 2,788 $ 2,856 $ 2,927 $ 2,999 $ 3,075 $ 3,152 $ 3,230 $ 3,312 $ 3,396 $ 3,481 41A $ 2,856 $ 2,927 $ 2,999 $ 3,075 $ 3,152 $ 3,230 $ 3,312 $ 3,396 $ 3,481 $ 3,567 42A $ 2,927 $ 2,999 $ 3,075 $ 3,152 $ 3,230 $ 3,312 $ 3,396 $ 3,481 $ 3,567 $ 3,657 43A $ 2,999 $ 3,075 $ 3,152 $ 3,230 $ 3,312 $ 3,396 $ 3,481 $ 3,567 $ 3,657 $ 3,747 44A Police Records Technician II $ 3,075 $ 3,152 $ 3,230 $ 3,312 $ 3,396 $ 3,481 $ 3,567 $ 3,657 $ 3,747 $ 3,840 45A $ 3,152 $ 3,230 $ 3,312 $ 3,396 $ 3,481 $ 3,567 $ 3,657 $ 3,747 $ 3,840 $ 3,936 46A $ 3,230 $ 3,312 $ 3,396 $ 3,481 $ 3,567 $ 3,657 $ 3,747 $ 3,840 $ 3,936 $ 47033 47A $ 3,312 $ 3,396 $ 3,481 $ 3,567 $ 3,657 $ 3,747 $ 3,840 $ 3,936 $ 4,033 $ 4,133 48A Dispatcher 1 $ 3,396 $ 3,481 $ 3,567 $ 3,657 $ 3,747 $ 3,840 $ 3,936 $ 4,033 $ 4,133 $ 4,239 49A $ 3,481 $ 3,567 $ 3,657 $ 3,747 $ 3,840 $ 3,936 $ 4,033 $ 4,133 $ 4,239 $ 4,345 50A Community Services Officer $ 3,567 $ 3,657 $ 3,747 $ 3,840 $ 31936 $ 4,033 $ 4,133 $ 4,239 $ 4,345 $ 4,451 51A $ 3,657 $ 3,747 $ 3,840 $ 3,936 $ 4,033 $ 4,133 $ 4,239 $ 4,345 $ 4,451 $ 4,565 52A $ 3,747 $ 3,840 $ 3,936 $ 4,033 $ 4,133 $ 4,239 $ 4,345 $ 4,451 $ 4,565 $ 4,677 53A $ 3,840 $ 3,936 $ 4,033 $ 4,133 $ 4,239 $ 4,345 $ 4,451 $ 4,565 $ 4,677 $ 4,796 54A Dispatcher 11 Logistical Services Officer $ 3 936 $ 4,033 $ 4,133 $ 4,239 $ 4,345 $ 4,451 $ 4,565 $ 4,677 $ 4,796 $ 4,914 55A $ 41033 $ 4,133 $ 4,239 $ 4,345 $ 4,451 $ 4,565 $ 4,677 $ 4,796 $ 4,914 $ 5,037 56A $ 4,133 $ 4,239 $ 4,345 $ 4,451 $ 4,565 $ 4,677 $ 4,796 $ 4,914 $ 5,037 $ 5,163 57A $ 4,239 $ 4,345 $ 4,451 $ 4,565 $ 4,677 $ 4,796 $ 4,914 $ 5,037 $ 5,163 $ 5,291 58A $ 4,345 $ 4,451 $ 4,565 $ 4,677 $ 4,796 $ 4,914 $ 5,037 $ 5,163 $ 5,291 $ 5,424 59A Dispatch Services Supervisor $ 4451 $ 4,565 $ 4,677 $ 4,796 $ 4,914 $ 5,037 $ 5,163 $ 5,291 $ 5,424 $ 5,560 60A Property, Evidence, Crime Scene Technician $ 4 565 $ 4,677 $ 4,796 $ 4,914 $ 5,037 $ 5,163 $ 5,291 $ 5,424 $ 5,560 $ 5,699 61A $ 4 677 $ 4,796 $ 4,914 $ 5,037 $ 5,163 $ 5,291 $ 5,424 $ 5,560 $ 5,699 $ 5,841 62A $ 4 796 $ 4,914 $ 51037 $ 5,163 $ 5,291 $ 5,424 $ 5,560 $ 5,699 $ 5,841 $ 5,988 63A $ 4P14 $ 5,037 $ 5,163 $ 5,291 $ 5,424 $ 5,560 $ 5,699 $ 5,841 $ 5,988 $ 6,137 64A $ 5 037 $ 5,163 $ 5,291 $ 5,424 $ 5,560 $ 5,699 $ 5,841 $ 5,988 $ 6,137 $ 6,290 65A $ 5163 $ 5,291 $ 5,424 $ 5,560 $ 5,699 $ 5,841 $ 5,988 $ 6,137 $ 6,290 $ 6,448 66A $ 51291 $ 5,424 $ 5,560 $ 5,699 $ 5,841 $ 5,988 $ 6,137 $ 6,290 $ 6,448 $ 6,610 67A $ 51424 $ 5,560 $ 5,699 $ 5,841 $ 5,988 $ 6,137 $ 6,290 $ 6,448 $ 6,610 $ 6,775 68A Police Communications Coordinator $ 5;560 $ 5,699 $ 5,841 $ 5,988 $ 6,137 $ 6,290 $ 6,448 $ 6,61fl $ 6,775 $ 6,944 CITY OF ARCADIA SALARY RANGE JULY 1, 2015 - JUNE 30, 2016 APCEA - 2.0% COLA Exhibit A Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 40A Police Records Technician 1 $ 2,844 $ 2,913 $ 2,986 $ 3,059 $ 3,137 $ 3,215 $ 3,295 $ 3,378 $ 3,464 $ 3,551 41A $ 2,913 $ 2,986 $ 3,059 $ 3,137 $ 3,215 $ 3,295 $ 3,378 $ 3,464 $ 3,551 $ 3,638 42A $ 2,986 $ 3,059 $ 3,137 1 $ 3,215 $ 3,295 $ 3,378 $ 3,464 $ 3,551 $ 3,638 $ 3,730 43A $ 3,059 $ 3.137 $ 3,215 $ 3,295 $ 3,378 $ 3,464 $ 3,551 $ 3,638 $ 3,730 $ 3,822 44A Police Records Technician 11 $ 3,137 $ 3,215 $ 3,295 $ 3,378 $ 3,464 $ 3,551 $ 3,638 $ 3,730 $ 3,822 $ 3,917 45A $ 3,215 $ 3,295 $ 3,378 $ 3,464 $ 3,551 $ 3,638 $ 3,730 $ 3,822 $ 3,917 $ 4,015 46A $ 3,295 $ 3,378 $ 3,464 $ 3,551 $ 3,638 $ 3,730 $ 3,822 $ 3,917 $ 4,015 $ 4,114 47A $ 3,378 $ 3,464 $ 3,551 $ 3,638 $ 3,730 $ 3,822 $ 3,917 $ 4,015 $ 4,114 $ 4,216 48A Dispatcher 1 $ 3,464 $ 3,551 $ 3,638 $ 3,730 $ 3,822 $ 3,917 $ 4,015 $ 4,114 $ 4,216 $ 4,324 49A $ 3,551 $ 3,638 $ 3,730 $ 3,822 $ 3,917 $ 4,015 $ 4,114 $ 4,216 $ 4,324 $ 4,432 50A Community Services Officer $ 3,638 $ 3,730 $ 3,822 $ 3,917 $ 4,015 $ 4,114 $ 4,216 $ 4,324 $ 4,432 $ 4,540 51A $ 3,730 $ 3,822 $ 3,917 $ 4,015 $ 4,114 $ 4,216 $ 4,324 $ 4,432 $ 4,540 $ 4,656 52A $ 3,822 $ 3,917 $ 4,015 $ 4,114 $ 4,216 $ 4,324 $ 4,432 $ 4,540 $ 4,656 $ 4,771 53A $ 3,917 $ 4,015 $ 4,114 $ 4,216 $ 4,324 $ 4,432 $ 4,540 $ 4,656 $ 4,771 $ 4,892 54A Dispatcher 11 Logistical Services Officer $ 4,015 $ 4,114 $ 4,216 $ 4,324 $ 4,432 $ 4,540 $ 4,656 $ 4,771 $ 4,892 $ 5,012 55A $ 4,114 $ 4,216 $ 4,324 $ 4,432 $ 4,540 $ 4,656 $ 4,771 $ 4,892 $ 5,012 $ 5,138 56A $ 4,216 $ 4,324 $ 4,432 $ 4,540 $ 4,656 $ 4,771 $ 4,892 $ 5,012 $ 5,138 $ 5,266 57A $ 4,324 $ 4,432 $ 4,540 $ 4,656 $ 4,771 $ 4,892 $ 5,012 $ 5,138 $ 5,266 $ 5,397 58A $ 4,432 $ 4,540 $ 4,656 $ 4,771 $ 4,892 $ 5,012 $ 5,138 $ 5,266 $ 5,397 $ 5,532 59A Dispatch Services Supervisor $ 4,540 $ 4,656 $ 4,771 $ 4,892 $ 5,012 $ 5,138 $ 5,266 $ 5,397 $ 5,532 $ 5,671 60A Property, Evidence, Crime Scene Technician $ 4,656 $ 4,771 $ 4,892 $ 5,012 $ 5,138 $ 5,266 $ 5,397 $ 5,532 $ 5,671 $ 5,813 61A $ 4,771 $ 4,892 $ 5,012 $ 5,138 $ 5,266 $ 5,397 $ 5,532 $ 5,671 $ 5,813 $ 5,958 62A $ 4,892 $ 5,012 $ 5,138 $ 5,266 $ 5,397 $ 5,532 $ 5,671 $ 5,813 $ 5,958 $ 6,108 63A $ 5,012 $ 5,138 $ 5,266 $ 5,397 $ 5,532 $ 5,671 $ 5,813 $ 5,958 $ 6,108 $ 6,260 64A $ 5,138 $ 5,266 $ 5,532 $ 5,671 $ 5,813 $ 5,958 $ 6,108 $ 6,260 $ 6,416 65A $ 5,266 $ 5,397 E5,671 $ 5,671 $ 5,813 $ 5,958 $ 6,108 $ 6,260 $ 6,416 $ 6,577 66A $ 5,397 $ 5,532 $ 5,813 $ 5,958 $ 6,108 $ 6,260 $ 6,416 $ 6,577 $ 6,742 67A $ 5,532 $ 5,671 $ 5,958 $ 6,108 $ 6,260 $ 6,416 $ 6,577 $ 6,742 $ 6,911 68A Police Communications Coordinator $ 5,671 $ 5,813 $ 5,958 $ 6,108 $ 6,260 $ 6,416 $ 6,577 $ 6,742 $ 6,911 $ 7,083 CITY OF ARCA ®IA SALARY RANGE JULY 1, 2016 - JUNE 30, 2017 APCEA - 2.0% COLA Exhibit A Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 40A Police Records Technician 1 $ 2,901 $ 2,971 $ 3,046 $ 3,120 $ 3,200 $ 3,279 $ 3,361 $ 3,446 $ 31533 $ 3,622 41A $ 2,971 $ 3,046 $ 3,120 $ 3,200 $ 3,279 $ 3,361 $ 3,446 $ 3,533 $ 3,622 $ 3,711 42A $ 3,046 $ 3,120 $ 3,200 $ 3,279 $ 3,361 $ 3,446 $ 3,533 $ 3,622 $ 3,711 $ 3,805 43A $ 3,120 $ 3,200 $ 3,279 $ 3,361 $ 3,446 $ 3,533 $ 3,622 $ 3,711 $ 3,805 $ 3,898 44A Police Records Technician II $ 3,200 $ 3,279 $ 3,361 $ 3,446 $ 3,533 $ 3,622 $ 3,711 $ 3,805 $ 3,898 $ 3,995 45A $ 3,279 $ 3,361 $ 3,446 $ 3,533 $ 3,622 $ 3,711 $ 3,805 $ 3,898 $ 3,995 $ 4,095 46A $ 3,361 $ 3,446 $ 3,533 $ 3,622 $ 3,711 $ 3,805 $ 3,898 $ 3,995 $ 4,095 $ 4,196 47A $ 3,446 $ 3,533 $ 3,622 $ 3,711 $ 3,805 $ 3,898 $ 3,995 $ 4,095 $ 4,196 $ 4,300 48A Dispatcher 1 $ 3,533 $ 3,622 $ 3,711 $ 3,805 $ 3,898 $ 3,995 $ 4,095 $ 4,196 $ 4,300 $ 4,410 49A $ 3,622 $ 3,711 $ 3,805 $ 3,898 $ 3,995 $ 4,095 $ 4,196 $ 4,300 $ 4,410 $ 4,521 50A Community Services Officer $ 3,711 $ 3,805 $ 3,898 $ 3,995 $ 4,095 $ 4,196 $ 4,300 $ 4,410 $ 4,521 $ 4,631 51A $ 3,805 $ 3,898 $ 3,995 $ 4,095 $ 4,196 $ 4,300 $ 4,410 $ 4,521 $ 4,631 $ 4,749 52A $ 3,898 $ 3,995 $ 4,095 $ 4,196 $ 4,300 $ 4,410 $ 4,521 $ 4,631 $ 4,749 $ 4,866 53A $ 3,995 $ 4,095 $ 4,196 $ 4,300 $ 4,410 $ 4,521 $ 4,631 $ 4,749 $ 4,866 $ 4,990 54A Dispatcher 11 Logistical Services Officer $ 4,095 $ 4,196 $ 4,300 $ 4,410 $ 4,521 $ 4,631 $ 4,749 $ 4,866 $ 4,990 $ 5,112 55A $ 4,196 $ 4,300 $ 4,410 $ 4,521 $ 4,631 $ 4,749 $ 4,866 $ 4,990 $ 5,112 j $ 5,241 56A $ 4,300 $ 4,410 $ 4,521 $ 4,631 $ 4,749 $ 4,866 $ 4,990 $ 5,112 $ 5,241 $ 5,371 57A $ 4,410 $ 4,521 $ 4,631 $ 4,749 $ 4,866 $ 4,990 $ 5,112 $ 5,241 $ 5,371 $ 5,505 58A $ 4,521 $ 4,631 $ 4,749 $ 4,866 $ 4,990 $ 5,112 $ 5,241 $ 5,371 $ 5,505 $ 5,643 59A Dispatch Services Supervisor $ 4,631 $ 4,749 $ 4,866 $ 4,990 $ 5,112 $ 5,241 $ 5,3711$ 5,505 $ 5,643 $ 57784 60A Property, Evidence, Crime Scene Technician $ 4,749 $ 4,866 $ 4,990 $ 5,112 $ 5,241 $ 5,371 $ 5,505 $ 5,643 $ 5,784 $ 5,929 61A $ 4,866 $ 4,990 $ 5,112 $ 5,241 $ 5,371 $ 5,505 $ 5,643 $ 5,784 $ 5,929 $ 6,077 62A $ 4,990 $ 5,112 $ 5,241 $ 5,371 $ 5,505 $ 5,643 $ 5,784 $ 5,929 $ 6,077 $ 6,230 63A $ 5,112 $ 5,241 $ 5,371 $ 5,505 $ 5,643 $ 5,784 $ 5,929 $ 6,077 $ 6,230 $ 6,385 64A $ 5,241 $ 5,371 $ 5,505 $ 5,643 $ 5,784 $ 5,929 $ 6,077 $ 6,230 $ 6,385 $ 6,544 65A $ 5,371 $ 5,505 $ 5,643 $ 5,784 $ 5,929 $ 6,077 $ 6,230 $ 6,385 $ 6,544 $ 6,709 66A $ 5,505 $ 5,643 $ 5,784 $ 5,929 $ 6,077 $ 6,230 $ 6,385 $ 6,544 $ 6,709 $ 6,877 67A $ 5,643 $ 5,784 $ 5,929 $ 6,077 $ 6,230 $ 6,385 $ 6,544 $ 6,709 $ 6,877 $ 7,049 68Aj Police Communications Coordinator 1 $ 5,784 $ 5,929 $ 6,077 $ 6,230 $ 6,385 $ 6,544 $ 6,709 $ 6,877 $ 7,049 $ 7,225 CITY OF ARCADIA SALARY RANGE JULY 1, 2017 - JUNE 30, 2018 APCEA - 2.5% COLA Exhibit A Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 40A Police Records Technician 1 $ 2,974 $ 3,045 $ 3,122 $ 3,198 $ 3,280 $ 3,361 $ 3,445 $ 3,532 $ 3,621 $ 3,713 41A $ 3,045 $ 3,122 $ 3,198 $ 3,280 $ 3,361 $ 3,445 $ 3,532 $ 3,621 $ 3,713 $ 3,804 42A $ 3,122 $ 3,198 $ 3,280 $ 3,361 $ 3,445 $ 3,532 $ 3,621 $ 3,713 $ 3,804 $ 3,900 43A $ 3198 $ 3,280 $ 3,361 $ 3,445 $ 3,532 $ 3,621 $ 3,713 $ 3,804 $ 3,900 $ 3,995 44A Police Records Technician II $ 3,280 $ 3,361 $ 3,445 $ 3,532 $ 3,621 $ 3,713 $ 3,804 $ 3,900 $ 3,995 $ 4,095 45A $ 3,361 $ 3,445 $ 3,532 $ 3,621 $ 3,713 $ 3,804 $ 3,900 $ 3,995 $ 4,095 $ 4,197 46A $ 3,445 $ 3,532 $ 3,621 $ 3,713 $ 3,804 $ 3,900 $ 3,995 $ 4,095 $ 4,197 $ 4,301 47A $ 3,532 $ 3,621 $ 3,713 $ 3,804 $ 3,900 $ 3,995 $ 4,095 $ 4,197 $ 4,301 $ 4,408 48A Dispatcher 1 $ 3,621 $ 3,713 $ 3,804 $ 3,900 $ 3,995 $ 4,095 $ 4,197 $ 4,301 $ 4,408 $ 4,520 49A $ 3,713 $ 3,804 $ 3,900 $ 3,995 $ 4,095 $ 4,197 $ 4,301 $ 4,408 $ 4,520 $ 4,634 50A Community Services Officer $ 3,804 $ 3,900 $ 3,995 $ 4,095 $ 4,197 $ 4,301 $ 4,408 $ 4,520 $ 4,634 $ 4,747 51A $ 3,900 $ 3,995 $ 4,095 $ 4,197 $ 4,301 $ 4,408 $ 4,520 $ 4,634 $ 4,747 $ 4,868 52A $ 3,995 $ 4,095 $ 4,197 $ 4,301 $ 4,408 $ 4,520 $ 4,634 $ 4,747 $ 4,868 $ 4,988 53A $ 4,095 $ 4,197 $ 4,301 $ 4,408 $ 4,520 $ 4,634 $ 4,747 $ 4,868 $ 4,988 $ 5,115 54A Dispatcher II Logistical Services Officer $ 4,197 $ 4,301 $ 4,408 $ 4,520 $ 4,634 $ 4,747 $ 4,868 $ 4,988 $ 5,115 $ 5,240 55A $ 4,301 $ 4,408 $ 4,520 $ 4,634 $ 4,747 $ 4,868 $ 4,988 $ 5,115 $ 5,240 $ 5,372 56A $ 4,408 $ 4,520 $ 4,634 $ 4,747 $ 4,868 $ 4,988 $ 5,115 $ 5,240 $ 5,372 $ 5,505 57A $ 4,520 $ 4,634 $ 4,747 $ 4,868 $ 4,988 $ 5,115 $ 5,240 $ 5,372 $ 5,505 $ 5,643 58A $ 4,634 $ 4,747 $ 4,868 $ 4,988 $ 5,115 $ 5,240 $ 5,372 $ 5,505 $ 5,643 $ 5,784 59A Dispatch Services Supervisor $ 4,747 $ 4,868 $ 4,988 $ 5,115 $ 5,240 $ 5,372 $ 5,505 $ 5,643 $ 5,784 $ 5,929 60A Property, Evidence, Crime Scene Technician $ 4,868 $ 4,988 $ 5,115 $ 5,240 $ 5,372 $ 5,505 $ 5,643 $ 5,784 $ 5,929 $ 6,077 61A $ 4,988 $ 5,115 $ 5,240 $ 5,372 $ 5,505 $ 5,643 $ 5,784 $ 5,929 $ 6,077 $ 6,229 62A $ 5,115 $ 5,240 $ 5,372 $ 5,505 $ 5,643 $ 5,784 $ 5,929 $ 6,077 $ 6,229 $ 6,386 63A $ 5,240 $ 5,372 $ 5,505 $ 5,643 $ 5,784 $ 5,929 $ 6,077 $ 6,229 $ 6,386 $ 6,545 64A $ 5,372 $ 5,505 $ 5,643 $ 5,784 $ 5,929 $ 6,077 $ 6,229 $ 6,386 $ 6,545 $ 6,708 65A $ 5,505 $ 5,643 $ 5,784 $ 5,929 $ 6,077 $ 6,229 $ 6,386 $ 6,545 $ 6,708 $ 6,877 66A $ 5,643 $ 5,784 $ 5,929 $ 6,077 $ 6,229 $ 6,386 $ 6,545 $ 6,708 $ 6,877 $ 7,049 67A $ 5,784 $ 5,929 $ 6,077 $ 6,229 $ 6,386 $ 6,545 $ 6,708 $ 6,877 $ 7,049 $ 7,225 68A Police Communications Coordinator $ 5,929 $ 6,077 $ 6,229 $ 6,386 $ 6,545 $ 6,708 1 $ 6,877 $ 7,049 $ 7,225 $ 7,406 LETTER OF AGREEMENT BETWEEN THE CITY OF ARCADIA AND ARCADIA POLICE CIVILIAN EMPLOYEES' ASSOCIA T ION ADDENDUM REGARDING CONTRACTING OUT OF BARGAINING UNIT WORK AND NEW DUTIES FOR CSOs' AND SHIFT AND WORKING CONDITION CHANGES FOR DISPATCHERS CSOs: Exhibit B The City intends to contract with a private firm to perform City Jail related duties of current CSOs. No bargaining unit member will lose their job(s) as a direct result of this contracting out of bar gaining unit work. Current CSOs will be shifted to other duties generally described in the current City job description for CSOs regarding administrative /clerical assignments, As part of this change in duties, the current 3112 — 4/12 work shift will be replaced with a 4110 work shift schedule for all CSOs. Each CSO's workshift shall consist of dayshift hours, Each CSO that works a 4110 work schedule will have regular days off consisting of either Friday, Saturday, Sunday or Saturday, Sunday, Monday — as designated exclusively by Management. The City cannot assign any particular incumbent CSO to any specific administrative / clerical assignment, However, the Chief of Police shall review all interest emails sent to him by CSOs seeking particular assignments, and, the Chief of Police shall attempt to accommodate those requests. It is understood that the ultimate assignment discretion remains with Management, including the right to decide to change or rotate new CSO assignments. There will be no new probationary period in these new assignments for incumbent CSOs. Records Technicians and Dispatchers will also be eligible for appointment to future vacant CSO positions if the Records Technician or Dispatcher has successfully completed probation, and meets the minimum qualifications for the position, as determined by Human Resources. Inclusion of outside candidates for any vacant CSO position shall be at the discretion of the Chief of Police, and will be determined prior to the open application period of each testing process. It is anticipated that the shift change for existing CSOs will occur in approximately August of 2012. Existing CSOs shall be re- certified for Jail duties for one more year to serve as a backup for the contract sci-vices assumption of Jail duties. In the event the City decides to abandon contracting out of bargaining, unit work in the Jail, the CSO classification will again be utilized to perform Jail duties. The City recognizes APCEA's concerns regarding the 7.5% reduction in '`compensation earnable" + for computation of PERS' retirement benefits (due to loss of the guaranteed 4 hours of OT in the current 7/12 work schedule). As part of the negotiation process that led to this addendum, it was discovered that the PERS' contributions for this additional 4 hours of regularly scheduled recurrent overtime had. not beer. made by the City. The City agrees to correct this situation so that no current or past employee(s) will lose PERS pension benefits due to the past oversight regarding PERS' contributions for this recurrent overtime. The City also recognizes APCEA's concerns regarding the approximate 60/0 increase in work- days brought on by the proposed schedule change from 3/12 — 4 /12s to 4/10s — including the potential for increased cornznuter and childcare expenses. ha return, APCE-A recognizes that the aforementioned contracting out of bargaining unit wort{ is being accomplished without the loss or release of any bargaining unit positions. DISPATCHERS: Due to desired efficiency concerns, the City wishes to change the current shift schedule for Dispatchers from13 fours and 20 minute shifts to a 12 hour shift. This new 12 hour shift will include 4 hours of unassigned, recurrent OT as part of the seven -day work period. If this recurrent overtime qualifies as "compensation earnable" under the current contract between the City of Arcadia and PERS covering Dispatchers, the appropriate PERS contributions shall be made. The "Force Hire" policy /practice in effect in Dispatch as of 01 -01 -2012 will not change under the new schedule. If currently unforeseen problem(s) arise, the parties will meet and confer to attempt to work out a mutually acceptable resolution. Final resolution for such problems will be determined by management. As per past practice, shifts, including designating what "flop day" a dispatcher will work, will be chosen by seniority. This schedule change will occur in approximately August of 2012. Although the new schedule creates a situation where the Dispatch Supervisor will ordinarily actually engage in dispatching only one shift per weep, the Dispatch Supervisor shall continue to be periuitted to sign up for extra shifts (i.e. overtime) that become available as per past practice. Judy Coo Date U m c Lazzai o Date APCEA P esident City Manager